Resources, Naturally
The Living and the Dead

Below please find the bills we’ve been following in this corner of the newsletter. As with the rest of the publication, we include, the bills that passed and those that failed. The last action noted tells you a bill’s status: if it has been sent to the governor, it’s alive, subject, of course to a veto.

EMINENT DOMAIN

HJR 14 by Corte Relating to the limiting the public taking of private property, establishing the national research university fund to fund emerging research universities, and eliminating the higher education fund. Subject to approval by voters at an election to be held 11-1-09, this will amend the Texas Constitution to specify that the taking of public property is authorized only if it is necessary for: the ownership, use, and enjoyment of the state, a political subdivision of the state, the public at large, or an entity granted the power of eminent domain under the law; or the elimination of urban blight on a particular parcel of property. The definition of public use would be modified to not include the taking of property by the state or a political subdivision of the state for transfer to a private entity for the purpose of economic development or enhancement of tax revenues. Also, after 1-1-10, the legislature would be allowed to enact a general, local, or special law granting eminent domain authority to an entity only on a two-thirds vote of all the members elected to each house. 11-3-09 Election date.

COUNTY DEVELOPMENT AUTHORITY

HB 2833 by Marquez Relating to certain building code standards applicable to the unincorporated areas of certain counties; providing a penalty. Originally applicable only to El Paso County, this applies to counties within 50 miles of the border and to any county with a population of more than 100. This gives those commissioners courts the permissive authority to require the inspection of new residential construction of a single-family house or duplex and the construction of an addition that would increase the size of the existing residential building by more than 50 percent. The applicable building code standard shall conform to the version of the International Residential Code published as of May 1, 2008 or the version of the International Residential Code that is applicable in the county seat of that county.

The county would not hire the inspector; rather, the builder would be responsible for hiring a third-party inspector to conduct the required three inspections. The builder would be required to notify the county of the location of the new residential construction, the approximate date when construction would commence, and the version of the International Residential Code to be used. If the county chooses to require builder to do so, the builder must submit notice of the inspections and their compliance to the county and to person for whom the residential construction is being built, if different from the builder. The subchapter created (Subchapter F, Chapter 233, Local Government Code) may not be construed to: require approval by the county before the beginning of new residential construction; authorize commissioners court of a county to adopt or enforce zoning regulations; or affect the application of the provisions of Subchapter B, Chapter 232, to land development. Effective 9-1-09

SB 2553 by Hegar Relating to the regulatory authority of counties, including granting certain counties authority to regulate the cutting of certain trees. This applies only to Aransas County and allows the commissioners court, by order, to prohibit or restrict the clear-cutting of live oak trees in the unincorporated area of the county. That anyone would think it is a good idea or economically feasible to clear cut coastal live oak trees shows how far removed we must be from our roots, so good for Aransas County to have the ability to preserve their irreplaceable resource: you can build a condominium complex in a few months but it takes many decades for coastal live oaks to grow to maturity. I have old black and white photographs of my grandfather, Norris Langston Causey, and his friends relaxing outside white clapboard cabins, surrounded by coastal live oaks, somewhere outside of Rockport. Let’s maintain what matters. Effective 6-19-09.

HB 2275 by Raymond Relating to creating a task force to develop uniform standards for subdivisions in the unincorporated areas of counties near the international border and in economically distressed counties. This creates a task force to research and identify the conflicts and deficiencies in current law regarding the regulation of subdivision development in the unincorporated areas of counties near the international border and in economically distressed counties (counties operating under Subchapters B and C, Local Government Code). The Task Force on Uniform County Subdivision Regulation will be composed of 23 members, including 6 county officials or employees responsible for regulating subdivisions under Subchapters B (“Subdivision Platting Requirements in County Near International order”), appointed by the executive administrator of the Texas Water Development Board (TWDB) and from each of the following counties: El Paso, Webb, Starr, Hidalgo, Cameron, and Nueces. The TWDB’s executive administrator will also appoint three other county officials or employees responsible for regulating subdivisions under Subchapter C (“Subdivision Platting Requirements in Certain Economically Distressed Counties”). Other county representatives are a representative of the Conference of Urban Counties and a representative of the County Judges and Commissioners Association of Texas.

Other representatives include three appointed by the Texas Association of Builders, a TWDB representative, a legal expert in subdivision regulation appointed by the attorney general to represent the interests of the state, a representative of the Secretary of State’s office, and six colonias advocates appointed by the executive director of the Texas Department of Housing and Community Affairs. The TWDB will provide administrative support to the task force.

The task force is directed to research and identify the conflicts and deficiencies in current law, develop recommendations and draft proposed legislation to create uniform standards for subdivision regulation in Subchapters B and C counties. No later than Dec. 1, 2010, the task force must submit its findings, recommendations, and proposed legislation to the standing senate and house committees having primary jurisdiction over border regions or county affairs. The task force will be abolished on September 2, 2011. Effective 6-19-09.

HB 1680 by Gallegos Relating to an application filed with a county commissioners court to revise a subdivision plat. This would have allows Subchapter B counties (counties near an international border) to impose a fee for plat revision in order to defray the cost of providing notice to affected landowners. 5-27-09 Placed on Senate Intent Calendar.

HB 3265 by Rose Relating to granting Hill Country counties regulatory authority and the authority to impose certain development fees. This would have applied to various Hill Country counties, providing additional authority (following a vote of the people) to commissioners courts in those counties. These authorities would have included density of development, reasonable building and set-back lines, and infrastructure cost recovery fee. A good many county officials concerned about the future of that Texas jewel, the Hill Country, worked for a year and half to get some additional authority to preserve that special area. The bill died in Calendars, but we trust it will return next session and be signed into law. Last action: 4-27-09 Reported from committee as substituted House County affairs.

HB 4474 by Callegari Relating to the applicability of a fire code in an unincorporated area of a county. This would have defined “commercial establishment” and “public building” for the purposes of fire code enforcement. It also would have amended the definition of “substantial improvement” to include alterations valued at 50 percent or more of the building’s value and to enlargements of an existing building. 5-7-09 Bill pronounced dead by procedural action. Companion: SB 1898 by Gallegos 3-24-09 Introduced and referred to committee Senate Intergovernmental Relations.

TRANSPORTATION

SB 1383 by Carona Relating to the creation and administration of the Texas Local Participation Transportation Program. The program’s intent was to encourage local transportation sponsors (including counties) to participate in the delivery of eligible projects (using tools such as pass-through financing and transportation reinvestment zones) by providing the sponsors financial assistance from the Texas Local Participation Transportation Fund (to be administered by the Comptroller). 5-23-09 Set on House Calendar. House companion: HB 3917 by Wayne Smith 4-23-09 Committee action pending House Transportation.

SB 855 by Carona Relating to local options regarding transportation and mobility improvement projects in certain counties. Its original D-FW area counties bracket expanded to include many high-growth counties in the state, it would have given local commissioners courts and local voters a range of permissive funding options, always subject to that vote of the people, to help meet transportation infrastructure demands. 5-23-09 Set on House Calendar. Companion: HB 9 by Truitt 5-11-09 Reported from committee as substituted House Transportation.