Don’t Mess with Texas and Don’t Mess with Texas Land

Private property owners are celebrating in Texas today after the Legislature passed Senate Bill 18, the eminent domain reform bill. The bill is now on its way to Governor Perry’s desk for signature.

SB 18 is authored in the Senate by Sen. Craig Estes (Wichita Falls) and Sen. Robert Duncan (Lubbock) and sponsored in the House by Rep. Charlie Geren (River Oaks), Rep. Rene Oliveira (Brownsville) and Rep. Tim Kleinschmidt (Lexington). It enforces what the Texas Constitution guarantees – that private property owners will be protected from intrusive condemnation proceedings. Among other things, the bill says property may only be taken for a public use and that negotiations must be made in good faith, meaning a condemning entity cannot try to shortchange property owners in offering just compensation. SB 18 also includes a buy-back provision for property owners – if land is taken for a public use but progress is not made on the project within 10 years, the property owner can repurchase the property. It also requires all entities with the power of eminent domain to register with the state or risk having that power suspended.

I have long been a proponent of legislation that guarantees Texas private property owners are treated fairly and that entities with eminent domain power act responsibly. After years of setbacks, Texans will finally have their private property owners’ rights affirmed once SB 18 is signed into law.

I’ve said it before, but it bears repeating: Don’t mess with Texas, and don’t mess with Texas land!

SCR 36 - A Call for Congressional Border Action

The Texas Senate Transportation and Homeland Security Committee recently considered Senate Concurrent Resolution 36, which calls on the U.S. Congress to develop a plan to protect Texans and secure our border.

The resolution urges Congress to prepare a cost analysis of the funding necessary to fully enforce all federal immigration laws in Texas. The resolution also calls for Congress to report that figure to the Texas Legislature along with the status of the funding. Additionally, the resolution requests a meeting among Texas leaders and Congress to discuss the ongoing border security crisis.

This bipartisan resolution recognizes the many failures of current policies to adequately address border security. Moreover, it reasserts the need for the federal government to act on its Constitutional duties to protect your Texas border.

For full text of this resolution and a list of senate sponsors, go here. Also, visit ProtectYourTexasBorder.com to hear true testimonies from Texas farmers and ranchers who work so hard to feed our nation, while being literally terrorized by criminals who illegally enter the United States and in so doing, threaten the sovereignty of our country.

SB 18 Defends Private Property Rights

It is a great day in our grand state. In Texas, our home is our castle and our land is our legacy. Legislators in the House reaffirmed that belief today when they passed SB 18, which establishes eminent domain reform for Texas home and landowners. Earlier this session, the Senate approved the bill.

SB 18, authored by Sen. Craig Estes and Sen. Robert Duncan, enforces what the Texas Constitution guarantees – private property owners will be protected from intrusive condemnation proceedings. Among other things, the bill says property may only be taken for a public good and that negotiations must be made in good faith, meaning a condemning entity cannot try to shortchange property owners in offering just compensation. SB 18 also includes a buy-back provision for property owners if progress has not been made on the public project in 10 years. It also requires all entities with the power of eminent domain to register with the state or risk having that power suspended.

I have long been a proponent of legislation that guarantees Texas private property owners are treated fairly and that entities with eminent domain power act responsibly. After years of setbacks, Texans will finally have won the hard-fought private property owners’ rights battle once SB 18 is signed into law.

Don’t mess with Texas, and don’t mess with Texas land. That’s what this bill says.

Crucial Eminent Domain Reform Passes Senate Committee

After testifying today to the Senate State Affairs Committee on behalf of private property owners in Texas, I’m happy to hear the committee passed SB 18, by Senator Craig Estes.

Private property owners’ rights are fundamental to our free market system, and protection of those rights is vital to the continued economic vitality of the Lone Star State. Growth is welcome in Texas, but it is imperative that we correct the gross injustice that is currently allowing homeowners and landowners to be taken advantage of during eminent domain negotiations.

SB 18 builds on other legislation such as Proposition 11, which created a constitutional limit on governments’ ability to take private property for non-public uses, and was approved by 81 percent of Texas voters in 2009. SB 18 requires fair compensation and establishes a buy-back provision for land that is taken, but then not used by the acquirer.

I want to thank Senator Estes, as well as Gov. Rick Perry and Lt. Governor David Dewhurst, for their leadership in this area.

Remember: You don’t mess with Texans and SB 18 reassures you don’t mess with Texans’ land!

You can read my full testimony here.

MLK Reminds Us Leadership is Needed

Dr. Martin Luther King Jr. challenged us to be bigger than ourselves. The words he spoke in 1963 that state we should only be judged by the “content of our character” still ring true today for all generations and in all situations

The circumstances in America when Dr. King delivered his “I have a dream…” speech were very unpleasant for many. Each generation has its own challenges. We need to remember that Lady Justice is blindfolded. We must focus on issues and not personalities. Our generation certainly has a responsibility to solve the issues of our day in a way that treats all with justice and respect, even when we disagree.

With the Legislature now in session, Texas has many difficult discussions and decisions ahead. We are all Texans, and it is critical we work together to improve our state. Even as an independent bunch, we must use our can-do spirit to rise above rhetoric and clear a path to allow free enterprise and personal responsibility to flourish. We must focus more on policy and less on politics.

Remembering the work, sacrifice and leadership of Dr. King should remind all of us to be better leaders.

Eminent Domain Takes Priority as Legislature Convenes

Today, Gov. Perry issued a proclamation placing eminent domain as an emergency agenda item for this session of the legislature. This means both chambers can take quick action on this critical matter early in the process.

This is a solid step forward in a long-fought battle to provide private property owners the protections they need from abusive use of eminent domain. We can all agree that roads must be built, pipelines must be laid and wastewater plants must be constructed.

What we can’t lose sight of is the fact that the rights of private property owners are guaranteed by both the Texas Constitution and the U.S. Constitution, and must be considered at the front end of growth and not as an afterthought. SB 18 by Sen. Craig Estes and HB 279 by Rep. Charlie Geren are two good examples of eminent domain reform legislation that needs to be passed and signed into law.

By passing Proposition 11 in 2009, Texas voters told lawmakers that our state needs to do more to protect the rights of private property owners. For years, I've promoted measures that would level the playing field for landowners by requiring condemning entities to be more open in the negotiation process, creating a standard for estimating the true harm to landowners and ensuring acquisitions occur for a real and direct public purpose.

Key components of eminent domain reform are:

• Ensuring condemning entities negotiate with property owners in good faith and present a bona fide offer;
• Requiring entities utilizing eminent domain to provide landowners just compensation for injuries, including diminished access;
• Providing a buy-back provision so property owners may purchase condemned land if it is not used for the named public purpose within 10 years of the taking; and
• Clarifying, in statute, the definition of “public use” to ensure eminent domain authority is only exercised for the public good and not for economic development projects or enhancing tax revenues.

I am glad to see this issue will be a priority for the 82nd Legislature and look forward to working with Gov. Perry and the Legislature to ensure the rights of farmers, ranchers and property owners across Texas are protected.

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.

The editorial was published in the Austin American-Statesman on June 4, 2009.

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.

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.

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.

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.

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.

81st Texas Legislature Enters Final Stretch

With a little more than 31 days left in the legislative session, much work remains.

The conference committee on Senate Bill 1, the general appropriations bill for the state’s operating budget, will begin meeting regularly on Monday, May 4 at 8 a.m. The Senate version of the state’s budget totaled $182.2 billion, and the House version totaled $177.4 billion. Much work will need to be done in order to reconcile the two versions.

Also, the Texas Department of Agriculture Sunset Bill is currently in the House Committee on Agriculture and Livestock. Every state agency goes through the Sunset process to update programs and policies to properly serve the public. Most issues have been worked out, and all stakeholders appear supportive of the provisions in the Sunset bill. I have been working with the members of the House Ag Committee, and I look forward to it moving forward soon.

This 81st session has proven to be interesting. To date 7,144 bills have been introduced, but as of April 30, only 10 have been passed and sent to the Governor.

Stay tuned, the final month of the 81st Legislature should be full of excitement.

Testimony on Property Owners' Rights Today

Today, the House Land and Resource Management Committee began hearing a host of property owners' rights bills. I sent Chairman Bonnen a letter yesterday offering my strong support for the protection of these precious rights. The preservation of private property owners’ rights is essential for the preservation of life and liberty. It is critical we all stand up and defend one of our most precious rights to ensure we do not erode the foundations set forth by our founding fathers.

You can watch the hearing on the House media Web site.

Meetings with Fellow Texans on Legislative Priorities

Along with several other meetings today, Janet and I met with representatives from the Jewish Federation of Greater Houston, City of Palestine, Cedar Creek Lake Area and the Texas Wildlife Association. These folks have taken the time to travel to Austin to ensure their legislators understand their priorities for Texas, for their communities and for their organizations.

The good news is Texas is in much better shape than our sister states, and to stay ahead of the curve, Texas is identifying cuts of 2.5 percent in the remainder of the 2009 general revenue state budget.

For the Texas Department of Agriculture, this equates to about $1.6 million, but it adds up to about $500 million statewide. Taxpayers can rest assured, here at TDA, we will continue our core mission of service and find efficiencies and savings to produce a balanced budget.

Texas families are having to make decisions with limited resources. Texas government must do the same.

Governor Perry's State of the State Address

Many issues challenge the members of the Texas Legislature as they meet during this 81st session. I was on the house floor today as the Governor delivered the State of the State address and the House and Senate members appeared eager to ensure Texas continues to fare better than most states in the nation.

Among the items that will take center stage this year is how to address the funding needs of a growing public school system, protecting property owners' rights by ensuring a fair process, keeping taxes low and fair for Texas taxpayers and securing our borders. Also highlighted was the need to keep nutritious meals in our schools and to encourage our kids to pursue healthier lifestyles. I met with a group of superintendents just this morning discussing this very issue.

Texas definitely has its challenges ahead of it. However, I, along with all of our state’s elected leaders, will continue to invest resources in the critical areas affecting our state.

Legislature Back in Session

The 81st session of the Texas Legislature has started off in full swing as the new members took their oath of office today.

Many tough issues must be handled as the future of Texas is shaped. An efficient budget must be passed, water planning for a growing state adopted, education initiatives developed and property owners' rights protected.

The Texas Department of Agriculture will continue to work diligently and partner with legislators to meet the needs of a growing state.

Stay tuned!