May 12, 2017 - of Agriculture, and if the land is appraised as agricultural land for citrus production in the tax year .
5/12/2017
Austin Newsletter
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May 12, 2017 | Regular Session, Issue 18
Drone Update
HB 1643 by Drew Springer (RMuenster) was reported on in the Feb. 10, 2017, Issue 5, and the April 28, 2017, Issue 16, of the Austin Newsletter. HB 1643 adds a concentrated animal feeding operation to places classified as "critical infrastructure facility." These facilities are places that it is illegal to use drones without the owner's permission or in specific situations. The bill passed the House with some excitement as several amendments were added. Dean Tom Craddick's (RMidland) amendment included certain oil and gas sites to the list of prohibited places to fly drones. Rep. Poncho Nevarez's (DEagle Pass) amendment clarified local political subdivisions' authority to adopt and enforce drone rules with authorization from the FAA. The bill is now in the Senate where SB 1319 by Kel Seliger (RAmarillo) is still in committee. TFB supports HB 1643. (TFB Policy 2017: "Real Property Rights," page 54, lines 183185)
Eminent Domain
SB 628, by Senator Charles Schwertner (RGeorgetown), which was originally reported in Issue 6 of the Austin Newsletter, has recently passed the Senate chamber and is waiting to be heard in the House Business and Industry Committee. SB 628 will amend current statute relating to the right to repurchase property from a condemning entity. This legislation will increase the number of requirements that an entity must comply with in order to prove "actual progress" towards the stated public use of an eminent domain taking. Currently, Chapter 21 of the Texas Property Code allows a person whose property was acquired through eminent domain the right to repurchase their property if the condemning entity fails to make "actual progress" toward the public use for which the property was taken within 10 years. Current law defines "actual progress" as completing two of the following seven development actions specified in statute: 1. Perform significant labor on the property; https://ui.constantcontact.com/visualeditor/visual_editor_preview.jsp?agent.uid=1127930888211&format=html&print=true
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2. Purchase materials for development; 3. Procure the service of an architect, engineer or surveyor in preparation for development; 4. Apply for state or federal funds for development; 5. Apply for a state or federal permit needed for development; 6. Acquire a portion of adjacent property for the same public use; 7. Adoption of a development plan by a governing body. SB 628 requires the condemning entity to complete three development actions to determine "actual progress," rather than two. Further, it narrows the list of development actions down to fiveremoving (6) acquiring adjacent property and (7) adopting a development plan as proof of an entity's "actual progress." Additionally, the bill allows separate rules for navigation districts or port authorities. For them, "actual progress" means the completion of only one of the above listed development actions, except for (6) acquiring adjacent property. Adoption of a development plan by a governing body (7) becomes a development action exclusive to navigation districts or port authorities. TFB supports SB 628. (TFB Policy 2017: "Eminent Domain," page 56, lines 5561)
Citrus Tree Mitigation
SB 1459 by Senator Juan "Chuy" Hinojosa (DMcAllen) has been sent to the governor's desk for his signature. The bill will help South Texas citrus growers qualify for agriculture valuation if they maintain groves to prevent the spread of disease and pests, primarily citrus greening. The bill accomplishes this by allowing landowners located in a pest management zone to receive ag value if the landowner destroys, removes or treats all citrus trees on the property that could possibly become infected in an abandoned grove. Additionally, the landowner only qualifies if they enter into an agreement with the Texas Citrus Pest and Disease Management Corporation, the commissioner of agriculture or the U.S. Department of Agriculture, and if the land is appraised as agricultural land for citrus production in the tax year in which the agreement is made. If there is an agreement, the landowner must notify and submit a copy of the agreement to the chief appraiser within 30 days of the agreement being made. It should be noted that the agreement will last 5 years if the provisions described by the bill are met. The bill arrived to the governor's desk timely because Rep. Mando Martinez (DWeslaco) had HB 3013 on the House Calendar and was able to procedurally swap the bills. The move is commonly used and helps bills avoid the bottleneck of legislation as deadlines approach. TFB supports SB 1459. (TFB Policy 2017: "Citrus," page 7, lines 48)
Texas Farm Bureau State Legislative Team https://ui.constantcontact.com/visualeditor/visual_editor_preview.jsp?agent.uid=1127930888211&format=html&print=true
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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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