Governor Perry has confirmed a need for a special session of the Texas Legislature to address unfinished business. There are five agencies that were not reauthorized and will expire if the legislature does not take action, including the Texas Department of Insurance and the Texas Department of Transportation.
While you could probably count on one hand the people who really want to see the legislature back in session, even among our representatives and senators, this is welcomed news for millions of Texans who are gravely concerned about the rights of property owners.
With a special session, the governor chooses what is on the “call” or agenda for the designated 30-day period. With the dangerous erosion of private property owners’ rights over the years, reforming our eminent domain laws must be added to the vital to-do list.
There was progress during the legislative session with the passage of HJR 14, a constitutional amendment that will be on the ballot this November. It will provide much-needed protection to ensure when government exercises condemnation power, it’s for a clear public purpose. This is a necessary bill, which was signed by the governor today, and I commend Governor Perry for his efforts in bringing the needs of private property owners' rights to the forefront. HJR 14 is critical, but greater steps are necessary to protect landowners.
The good news is most of the hard work to correct these deficiencies has already been done. Senate Bill 18, authored by Senator Craig Estes, had already passed the full Senate and a House committee, and was set for a vote on the Major State Calendar in the House when the clock ran out. This proposal had strong bi-partisan support in both chambers and was strongly backed by many trade organizations throughout the state.
Action by our state officials to pass this bill and protect our state’s property owners is essential. I have officially written Governor Perry a letter to ask him to add eminent domain reform to the call.
Showing posts with label 81st Texas Legislature. Show all posts
Showing posts with label 81st Texas Legislature. Show all posts
Monday, June 15, 2009
Wednesday, June 3, 2009
Eminent Domain Reform Demands A Special Session
I recently wrote the commentary below on the need for meaningful eminent domain reform. If you agree with the commentary, please forward the following link to others who share our commitment to duty. www.commissionertoddstaples.blogspot.com.
Eminent Domain Reform Demands A Special Session
Of all the important issues facing our great state, eminent domain reform demands immediate legislative action.
The passage of HJR 14, a constitutional amendment that will be sent to the voters this November, provides much needed protection to ensure that in the unfortunate instance that government must exercise condemnation powers, that it is for a clear public use and purpose.
Painfully absent from our laws in Texas – the land of Houston, Bowie and Crockett – are fundamental protections to the owners of private property. A series of loopholes in the law and court decisions have eroded our basic structure of what distinguishes us from other countries. It was no accident our founding fathers placed the defense of property right in line with life and liberty, where it belongs.
Now, we the people must continue this legacy for the next generation of Texans.
The recently concluded legislative session yielded a vehicle to right some terrible wrongs that cast a shadow over an otherwise shining Lone Star. Delay tactics by a few house members prevented final passage of SB 18, a bill unanimously passed by the senate. The bill would have established stricter penalties for not negotiating in good faith; demanded adequate compensation for loss of access; and clarified eminent domain must only be exercised for public use.
Fortunately, the writers of our Texas Constitution allowed for the Governor to call a special session of the legislature to address unfinished and urgent business of the people of Texas. We know there are several matters that were casualties of the regular session that need to be tackled – eminent domain reform is without a question or doubt one of these essential topics.
Surely the descendants of those who defended the Alamo and the heirs of those who tamed a vast and wild land will not rest until Texas once again rightly provides for the protection of life, liberty and property. Doing so is more than a reason to call for special session; it is a call to duty.
The passage of HJR 14, a constitutional amendment that will be sent to the voters this November, provides much needed protection to ensure that in the unfortunate instance that government must exercise condemnation powers, that it is for a clear public use and purpose.
Painfully absent from our laws in Texas – the land of Houston, Bowie and Crockett – are fundamental protections to the owners of private property. A series of loopholes in the law and court decisions have eroded our basic structure of what distinguishes us from other countries. It was no accident our founding fathers placed the defense of property right in line with life and liberty, where it belongs.
Now, we the people must continue this legacy for the next generation of Texans.
The recently concluded legislative session yielded a vehicle to right some terrible wrongs that cast a shadow over an otherwise shining Lone Star. Delay tactics by a few house members prevented final passage of SB 18, a bill unanimously passed by the senate. The bill would have established stricter penalties for not negotiating in good faith; demanded adequate compensation for loss of access; and clarified eminent domain must only be exercised for public use.
Fortunately, the writers of our Texas Constitution allowed for the Governor to call a special session of the legislature to address unfinished and urgent business of the people of Texas. We know there are several matters that were casualties of the regular session that need to be tackled – eminent domain reform is without a question or doubt one of these essential topics.
Surely the descendants of those who defended the Alamo and the heirs of those who tamed a vast and wild land will not rest until Texas once again rightly provides for the protection of life, liberty and property. Doing so is more than a reason to call for special session; it is a call to duty.
Tuesday, June 2, 2009
Better Than Fiction
Lots-o-drama unfolded last night as the Texas Legislature adjourned Sine Die. Key bills to continue the operations of several agencies such as the Texas Department of Transportation and the Texas Department of Insurance failed to pass. Further, Senate Finance Chair Steve Ogden says TxDOT’s budget is “wrecked” as a result of the House not passing enabling legislation to allow the agency to issue $2 billion in bonds for critically needed road construction.
What does all this mean to Texans? Well, the jury is still out for some of these matters, but legislative leaders say there are mechanisms to handle most of these issues, and government will continue to function. Others say a special session will be needed to pull it all together.
Will Governor Perry call a special session? Only the governor can call a special and he probably can’t make that decision until the veto period is over, the fog clears, the guns cool down and a full picture of the legislative landscape comes into focus.
One thing is certain: Eminent domain reform is especially needed and a special session is the way to get it done.
What does all this mean to Texans? Well, the jury is still out for some of these matters, but legislative leaders say there are mechanisms to handle most of these issues, and government will continue to function. Others say a special session will be needed to pull it all together.
Will Governor Perry call a special session? Only the governor can call a special and he probably can’t make that decision until the veto period is over, the fog clears, the guns cool down and a full picture of the legislative landscape comes into focus.
One thing is certain: Eminent domain reform is especially needed and a special session is the way to get it done.
Monday, June 1, 2009
Sine Die - the end of the regular legislative session
Today marks the 140th day of the 81st Regular Session of the Texas Legislature; our legislators will be adjourning Sine Die. No doubt, there have been many long days and short nights hammering out the final details of surviving legislation, particularly over this past weekend.
It is extremely regrettable SB 18, the session's landmark eminent domain reform bill, died as a result of chubbing at the end of session. This badly needed legislation would have significantly bolstered the rights of private property owners to require bona fide offers in negotiations and adequate compensation for loss of access.
Fortunately, HJR 14 was passed by both chambers and will be headed to the voters this November. This amendment will ensure in our state's constitution that a person's property cannot be taken for anything but a true public use, and would forbid the use of eminent domain for economic development purposes.
You probably remember the famous Kelo decision by the United States Supreme Court that said it was okay to take private property from an individual and give it to another in the name of economic development. Hopefully, the voters of Texas will say "YES" to HJR 14, and a big "NO" to the government stomping on the fundamentals that built our great state.
Stay tuned. I will try to highlight some key legislation that will soon be signed into law.
It is extremely regrettable SB 18, the session's landmark eminent domain reform bill, died as a result of chubbing at the end of session. This badly needed legislation would have significantly bolstered the rights of private property owners to require bona fide offers in negotiations and adequate compensation for loss of access.
Fortunately, HJR 14 was passed by both chambers and will be headed to the voters this November. This amendment will ensure in our state's constitution that a person's property cannot be taken for anything but a true public use, and would forbid the use of eminent domain for economic development purposes.
You probably remember the famous Kelo decision by the United States Supreme Court that said it was okay to take private property from an individual and give it to another in the name of economic development. Hopefully, the voters of Texas will say "YES" to HJR 14, and a big "NO" to the government stomping on the fundamentals that built our great state.
Stay tuned. I will try to highlight some key legislation that will soon be signed into law.
Saturday, May 30, 2009
Supplemental Budget Bill Passes
HB 4586, the supplemental budget bill authored by Representatives Jim Pitts and Craig Eiland and sponsored by Senator Steve Ogden, has passed both chambers and now heads to the Governor for his signature.
The legislation carries important funding for Texas producers and rural communities. Of note is $20 million for the Texas Boll Weevil Eradication Foundation. The money will address critical set backs caused by Hurricanes Ike and Dolly. Texas is the number one cotton producing state in the nation and it's imperative we protect our cotton growers from pests such as the boll weevil.
The supplemental bill will also assist in attracting veterinarians to our rural communities. Right now, Texas is suffering from a major shortage of large animal vets. The Office of Rural Community Affairs has been allocated $500,000 for the Rural Veterinarian Large Animal Loan Repayment Program. The program will address large animal veterinarian needs in rural Texas. The program would require large animal vets to practice in a rural area as a condition for repayment of veterinary school loans.
Our state representatives and senators have put in long hours to come up with legislation that will make Texas a better place to live, work and raise a family. I want to thank them for their patience and continued commmitment to the Lone Star State.
The legislation carries important funding for Texas producers and rural communities. Of note is $20 million for the Texas Boll Weevil Eradication Foundation. The money will address critical set backs caused by Hurricanes Ike and Dolly. Texas is the number one cotton producing state in the nation and it's imperative we protect our cotton growers from pests such as the boll weevil.
The supplemental bill will also assist in attracting veterinarians to our rural communities. Right now, Texas is suffering from a major shortage of large animal vets. The Office of Rural Community Affairs has been allocated $500,000 for the Rural Veterinarian Large Animal Loan Repayment Program. The program will address large animal veterinarian needs in rural Texas. The program would require large animal vets to practice in a rural area as a condition for repayment of veterinary school loans.
Our state representatives and senators have put in long hours to come up with legislation that will make Texas a better place to live, work and raise a family. I want to thank them for their patience and continued commmitment to the Lone Star State.
Friday, May 29, 2009
General Appropriations Bill for State Budget on its way to Governor
With three days left in the legislative session, the House and Senate are feverishly working to complete their work. Senate Bill 1, the General Appropriations Act, the state’s operating budget, is now on its way to Governor Perry’s desk to be signed into law. The approved appropriations for the state’s 2010-11 budget totaled $182.3 billion.
Included in Senate Bill 1 is $882 million for TDA, which includes new or increased funding for TDA’s consumer protection responsibilities, the Certified Retirement Community Program, Organic Certification and Grain Warehouse Programs. SB 1 includes continued funding for several programs such as Boll Weevil Eradication, Food and Fibers Research Grant Program, child and adult nutrition programs, road station inspections, feral hog abatement and Zebra Chip research.
The SB 1 funding will enhance TDA’s consumer protection initiatives, as well as ensure Texas has the resources in place to help protect our agricultural producers and industry from inevitable disease and disaster they are forced to contend with each and every year. It will also assist in our continuing efforts to make sure Texas children understand the importance of the 3E's of Healthy Living: Education, Exercise and Eating Right.
The bill appropriates funding to other state agencies that will greatly benefit Texas agricultural producers. The Texas Animal Health Commission will receive funding for the Fever Tick Initiative to protect Texas cattle. Texas AgriLife Extension’s Texas Veterinary Medical Diagnostic Laboratory has been appropriated additional funding, and the Texas Forest Service’s Wildfire Protection Plan was funded.
I want to extend my personal thanks to Senate Finance Committee Chairman Steve Ogden and House Appropriations Committee Chairman Jim Pitts for their hard work and leadership in crafting the budget for our state. My sincere appreciation also goes out to Lt. Governor David Dewhurst and Speaker Joe Straus for their dedication to making sure the priorities of the Texas Department of Agriculture and Texans were considered. These state leaders always had a listening ear when we worked with them and their dedicated staff to ensure Texas agriculture has the resouces it needs to tackle the next two years.
Included in Senate Bill 1 is $882 million for TDA, which includes new or increased funding for TDA’s consumer protection responsibilities, the Certified Retirement Community Program, Organic Certification and Grain Warehouse Programs. SB 1 includes continued funding for several programs such as Boll Weevil Eradication, Food and Fibers Research Grant Program, child and adult nutrition programs, road station inspections, feral hog abatement and Zebra Chip research.
The SB 1 funding will enhance TDA’s consumer protection initiatives, as well as ensure Texas has the resources in place to help protect our agricultural producers and industry from inevitable disease and disaster they are forced to contend with each and every year. It will also assist in our continuing efforts to make sure Texas children understand the importance of the 3E's of Healthy Living: Education, Exercise and Eating Right.
The bill appropriates funding to other state agencies that will greatly benefit Texas agricultural producers. The Texas Animal Health Commission will receive funding for the Fever Tick Initiative to protect Texas cattle. Texas AgriLife Extension’s Texas Veterinary Medical Diagnostic Laboratory has been appropriated additional funding, and the Texas Forest Service’s Wildfire Protection Plan was funded.
I want to extend my personal thanks to Senate Finance Committee Chairman Steve Ogden and House Appropriations Committee Chairman Jim Pitts for their hard work and leadership in crafting the budget for our state. My sincere appreciation also goes out to Lt. Governor David Dewhurst and Speaker Joe Straus for their dedication to making sure the priorities of the Texas Department of Agriculture and Texans were considered. These state leaders always had a listening ear when we worked with them and their dedicated staff to ensure Texas agriculture has the resouces it needs to tackle the next two years.
Consumer Protection bill heads to Governor's desk
The House and Senate have passed HB 2925 by Rep. Herrero and Sen. Whitmire. The bill now heads to the Governor’s desk for his signature.
This important piece of legislation will strengthen the Texas Department of Agriculture’s consumer protection efforts. When the bill becomes law, TDA inspectors will begin testing fuel quality. Up until now, no state agency has been checking to see if gas and diesel were meeting national standards or if the fuel is contaminated with water. Equally concerning, no consumer had a state agency to call if they felt there were fuel quality issues.
Also, fuel pumps at stations across Texas will have more oversight to make sure when drivers pump a gallon of gasoline, they receive a full gallon. An important note, approximately 95 percent of fuel pumps in the Lone Star State are accurate. HB 2925 will give the TDA the tools to begin more risk-based oversight of Texas fuel stations. One Texan cheated is one too many, so with high rates of compliance inspectors can NOW focus on the small number of bad actors and hold them accountable.
We look forward to implementing these new rules and reaching out to Texans so they understand the new protections and how they can assist us in making sure they receive exactly what they pay for at the pump.
This important piece of legislation will strengthen the Texas Department of Agriculture’s consumer protection efforts. When the bill becomes law, TDA inspectors will begin testing fuel quality. Up until now, no state agency has been checking to see if gas and diesel were meeting national standards or if the fuel is contaminated with water. Equally concerning, no consumer had a state agency to call if they felt there were fuel quality issues.
Also, fuel pumps at stations across Texas will have more oversight to make sure when drivers pump a gallon of gasoline, they receive a full gallon. An important note, approximately 95 percent of fuel pumps in the Lone Star State are accurate. HB 2925 will give the TDA the tools to begin more risk-based oversight of Texas fuel stations. One Texan cheated is one too many, so with high rates of compliance inspectors can NOW focus on the small number of bad actors and hold them accountable.
We look forward to implementing these new rules and reaching out to Texans so they understand the new protections and how they can assist us in making sure they receive exactly what they pay for at the pump.
Tuesday, May 26, 2009
TDA Sunset Bill heads to Gov's desk
Early Tuesday morning around 12:20 a.m., the Texas Senate concurred on House amendments to the TDA Sunset Bill, Senate Bill 1016. Now the bill is headed to the Governor's desk for signing. Senator Craig Estes and Representative Dan Flynn sponsored the bill, which ensures TDA will serve the state of Texas for 12 more years. Many thanks to all senators and house members for their hard work in making sure TDA has the tools it needs to continue working on behalf of Texas agriculture.
Today is the last day for the Texas House to consider Senate bills on second reading. It should be a very busy day.
Today is the last day for the Texas House to consider Senate bills on second reading. It should be a very busy day.
Tuesday, May 12, 2009
Livestock theft penalties to be increased in Texas
Critically needed legislation (Senate Bill 1163, authored by Sen. Kel Seliger) to protect the largest cattle, horse, sheep and goat-producing state in the nation has passed both chambers of the legislature and is headed to Governor Perry's desk.
Stealing livestock and fowl undermines the livelihood of Texas ranchers and farmers, and enhancing the penalty for theft should help protect the families whose businesses are so important to our state's economy. This is yet another reminder – Don’t Mess with Texas.
The Texas and Southwestern Cattle Raisers Association was an early and strong advocate for the legislation. Click here to access a link to the TSCRA press release on the bill's passage.
Stealing livestock and fowl undermines the livelihood of Texas ranchers and farmers, and enhancing the penalty for theft should help protect the families whose businesses are so important to our state's economy. This is yet another reminder – Don’t Mess with Texas.
The Texas and Southwestern Cattle Raisers Association was an early and strong advocate for the legislation. Click here to access a link to the TSCRA press release on the bill's passage.
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