Mar 17, 2017 - Eminent Domain аа. HB 3687, by Representative Trent Ashby (RLufkin), relates to the acquisition of prop
3/17/2017
Austin Newsletter
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March 17, 2017 | Regular Session, Issue 10
Distracted Driving
HB 62 by Representative Tom Craddick (R Midland) and SB 31 by Senator Judith Zaffirini (DLaredo), previously reported in Issue 2 of this newsletter, is intended to stop distracted driving by creating an offense if you read, write or send a message while operating a moving vehicle. Texas Farm Bureau submitted support for the bills in the committee process. HB 62 passed the House Wednesday, March 15, by a vote of 11332 and is now headed to the Senate. SB 31 has passed the Senate committee and is now waiting to be heard on the Senate floor. The author of the House companion bill, Representative Eddie Lucio III (DSan Benito), has joined as an author of HB 62 along with three authors and 39 coauthors. While the bill is moving fast this session, this is not the first time the bill has been heard. In 2011, a similar bill was vetoed by Governor Perry, and in 2015 the measure only passed the House. TFB supports HB 62. (TFB Policy 2017: page 114, lines 5657)
Eminent Domain
HB 3687, by Representative Trent Ashby (RLufkin), relates to the acquisition of property by an entity with eminent domain authority by addressing changes to the following four areas: Equal disclosure of appraisals: Some condemning entities take advantage of a loophole by providing a new or updated appraisal at the special commissioners hearing, giving the property owner no time to assess the new information. The bill would require those entities to provide the appraisal reports no later than three business days prior to a hearing, as is currently required of property owners. Property rights protections in bona fide offer: This section requires the condemning entities to provide certain information about the project as well as property protections to property owners as a qualification of a https://ui.constantcontact.com/visualeditor/visual_editor_preview.jsp?agent.uid=1127469209596&format=html&print=true
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"bona fide" offer. This entitles property owners to a minimum standard of property rights protection and allows them to better understand the impact of the project by requiring important information to be disclosed to them upfront. Bond requirement: This section would require nongovernmental condemning entities, as a condition of appealing a trial court judgment, to either post a bond in the amount of the prevailing property owner's award, to pay the property owner's award or deposit the award with the court. If the entity fails to comply, they lose the right to appeal and must vacate the owner's property. The entity would also be subject to damages. Property tax responsibility when possession is transferred: If a property owner gives a condemning entity possession of property, via a Possession and Use Agreement or similar agreement, the property owner's responsibility to pay property taxes on that property ends at the time possession is transferred. This bill language is also included in HB 2684 by Rep. Burns. Texas Farm Bureau supports HB 3687. (TFB Policy 2017: "Eminent Domain," pages 55 57) This concludes the bills filed as a result of the efforts of Texas Farm Bureau and our eminent domain reform coalition, Texans for Property Rights. Our eminent domain reform bill package consists of: SB 742 by Sen. Kolkhorst, reported in ANL Issue 7 SB 741 by Sen. Kolkhorst, reported in ANL Issue 7 SB 742 by Sen. Kolkhorst, reported in ANL Issue 7 HB 2684 by Rep. Burns (Omnibus Eminent Domain Bill), reported in ANL Issue 9 HB 2694 by Rep. Kacal, reported in ANL Issue 9 HB 3441 by Rep. Holland, reported in ANL Issue 9 HB 3687 by Rep. Ashby, reported above Please let your state representatives and senators know that Texas landowners support these bills! There are many additional bills filed that protect private property rights in eminent domain and we encourage TFB members to support those as well.
Seed Standardization
SB 1172, by Senator Charles Perry (RLubbock), prevents a political subdivision from adopting regulation on seeds, including planting seeds or cultivating plants grown from seeds. It implements a statewide seed standardization law. A statewide seed standardization law will ensure farmers and crop producers have a consistent level playing field in all 254 Texas counties. The potential currently exists, however, for a patchwork of local ordinances which could cause confusion and inconsistency for producers who have fields in parts of two counties. The Texas Department of Agriculture would be the agency to coordinate and administer the state seed standardization law. https://ui.constantcontact.com/visualeditor/visual_editor_preview.jsp?agent.uid=1127469209596&format=html&print=true
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SB 1172 has a companion, HB 2758 by Representative Charlie Geren (RFort Worth). TFB supports SB 1172 and HB 2758. (TFB Policy 2017: "Cities," page 94, lines 3135)
Texas Farm Bureau State Legislative Team Jim Reaves, State Legislative Director Issue areas: Labor, Education, Agriculture and Rural Affairs Email:
[email protected] Austin Office Phone: 5124728288 Marissa Patton, Associate Legislative Director Issue Areas: Agriculture, Eminent Domain, Land Use Regulation and Rural Affairs Email:
[email protected] Mike Pacheco, Associate Legislative Director Issue Areas: Criminal Justice, Energy, Elections, Taxes, Transportation, Utility Regulation and Tort Email:
[email protected] Billy Howe, Associate Government Affairs Director Issue Areas: Natural Resources and Environmental Regulations Email:
[email protected] Waco Office Phone: 2547512208
FOLLOW US ON TWITTER!
If you would like immediate updates on the action in Austin, follow the Legislative staff on Twitter. Jim Reaves @jimreaves Billy Howe @TFBGovAff_Billy Marissa Patton @TFBAUS_Marissa Mike Pacheco @TFBAUS_Mike You can also search for our Hashtag #TXFBAustin
Contact State Office P.O. Box 2689 Waco, Texas 767022689 254.772.3030
Austin Office 600 W. 12th Street Austin, Texas 78701 512.472.8288 Fax: 512.472.9120
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