88TH TEXAS LEGISLATIVE SESSION

TLC RECORD TEXAS LEGISLATURE 2023

TLC IS ON RECORD “FOR” THE BILLS BELOW:
HB 4532 by Kacal and SB 2397 by Zaffirini SB 2540 by Blanco – NOT PASSED –
HB 4532 PASSED BY HOUSE. SENATE CHAIR PERRY WOULD NOT ALLOW A HEARING. Would require groundwater conservation districts to consider the maximum amount of groundwater that may be produced annually from an aquifer in perpetuity.
HB 376 by Rogers – NOT PASSED – Adds to the landowner’s bill of rights under eminent domain, that a report of the decreased value of a remaining portion of a condemned tract of land must be submitted to appraisal districts.
HJR 126 by Burns PASSED – Constitutional amendment protecting the right to engage in agricultural land use.
HB 1750 by Burns Hearing – PASSED – Protects farms from unreasonable city ordinances that would prohibit farming within city limits.
SB 434 By Middleton – DID NOT PASS – Puts the burden on parties asserting private beach property to be subject to public access to prove the public has a right of access. WAS NOT ALLOWED A HEARING.
SB 175 – DID NOT PASS – Prohibits a political subdivision from spending public funds for lobbying. PASSED BY SENATE, KILLED BY HOUSE – NO HEARING IN HOUSE
SB 929 by Parker – PASSED – Provides that a landowner must be allowed to continue an existing land use where a zoning change would cause the use to be non-conforming, or compensate the owner for damages if not allowed to continue the use. 
HB 267 By Murr – DID NOT PASS – Creates a Joint interim committee to study, review, and report to the legislature on the methods and procedures of appraising agricultural land for ad valorem tax purposes. KILLED BY HOUSE COMMITTEE
TLC SUPPORTED BILLS BELOW BUT IS NOT ON RECORD:
HB 73 – By Murr – PASSED – Provides a landowner will not be liable for damages involving livestock due to an act of a firefighter, peace officer, or trespasser, such as damaging a fence.
SB 2 by Hughes, Bettencourt, Springer – DID NOT PASS – changes the penalty for election fraud from a misdemeanor to a state jail felony.
HB 2018 by Munoz – DID NOT PASS – Requires a land development application to be approved, or denied within 30 days.
TLC SUPPORTED THE BILLS BELOW, BUT HAD NO OPPORTUNITY TO GET ON RECORD BECAUSE THEY WERE NOT GIVEN A HEARING.
HB 39 by Murr, HB 222 by Slaton, HB 397 Goldman – DID NOT PASS – changes the penalty for election fraud from a misdemeanor to a state jail felony.
HB 2123 by Leo – Wilson – DID NOT PASS – enacts the penalty of state jail felony for a registrar who fails to require proof of citizen ship for an applicant registering to vote.
HB 3538 by Troxclair – DID NOT PASS – Prohibits a political subdivision from spending public funds for lobbying.
SB 201 by Eckhardt – DID NOT PASS – Requires damages from condemnation to be based on the value of the land without the conservation easement. Applying to land subject to a conservation easement.
HB 695 by Rogers – DID NOT PASS – Prohibits use of eminent domain for wind power.
HB 634 by Lozano – DID NOT PASS – Changes the number of years land must be devoted to agricultural use from five to two, to be “Qualified open-space land” under Section 23.51 tax code.
HJR 28 by Schofield – DID NOT PASS – Constitutional amendment to repeal additional tax on agricultural use land when use changes.
HB 449 by Schofield – DID NOT PASS – Repeals additional tax on agricultural use land when the use changes.
HB 145 by Vasut – DID NOT PASS – Limits increasing appraised value for property tax to 3.5%. 

87th Texas Legislative Session

2021 Session

TLC is on record for H.B. 2730, which did pass, adding protection for landowners subjected to eminent domain by pipeline and power line companies. The bill requires these companies to make an offer based on an appraisal and requires the appraisal to be delivered to the landowner. It also requires pipeline companies to identify substances that would be transported in the pipeline. The companies are required to identify the point of access to easement, limit granting access or use to third parties, provide for damages, including to fences and gates, and many other protections for landowners.

TLC is on record against H.B. 4618, which did not pass. This bill would have allowed Hays Trinity Groundwater Conservation District to collect new fees and effectively deprive existing exempt residential wells of their exemption. The bill provided no direct measures to conserve groundwater.

86th Texas Legislative Session

2019 Session

TLC is on record against S.B. 1392, which would expand the Culberson County Groundwater Conservation District and its property tax to areas that are not over the aquifer. S.B. 1392 did not pass.

85th Texas Legislative Session

2017 Session

TLC defeated H.B. 645 and H.B. 1318. H.B. 1318 passed committee but was not put on calendar. The bill would allow groundwater to be taken from its rightful owners by issuing permits far in excess of land owned by the well owner. TLC defeated H.B. 352, which provides for public hearings to be held for a state agency to determine if a stream bed on private property is a navigable stream. TLC defeated H.B. 3028, which adds and defines the term “fair share” applying to regulation of groundwater. It refers to discriminating limitations on pumping when groundwater will flow from one’s land to another’s where they are allowed to produce more in proportion to land owned overlying the same pool. The bill also amends Section 36.002, which describes groundwater ownership rights, by adding: “be afforded a fair share of groundwater when the right to drill a well and produce groundwater is regulated under this chapter.” 

84th Texas Legislative Session

2015 Session

The first vote ever taken by the Texas Legislature regarding landowners having a right to prevent others from drawing down aquifers to the extent that wells are depleted. At the request of TLC, Representative Molly White offered Amendment 1 to H.B. 4112 to make protection against well depletion a right of groundwater ownership. Her amendment was tabled by a vote of 137 to three. Amendment 1 to H.B. 4112 added to the list of rights of ownership of ground water; “have equal rights in the protection against well depletion.” TLC supported H.B. 3405, a bill to add area in Hays County to the Barton Springs Edwards Aquifer Groundwater Conservation District. H.B. 3405 was filed in response to wells being drilled in Hays County outside any conservation district to produce unprecedented amounts of water which would accelerate depletion of the Trinity aquifer. TLC is on record for the bill. TLC defeated H.B. 2892, which required a public hearing to be held allowing any person to appear and offer objections to or support for a stream to be considered navigable prior to a state agency issuing an opinion that a watercourse is a navigable stream. The bill would have required landowners who do not agree that a watercourse is navigable to file a lawsuit within 60 days of the opinion being issued. TLC opposed H.B. 2892 because, according to certain legal and physical conditions, streams are either “navigable” or not. This does not change according to opinions presented by members of the public. TLC members Tom Cowden, Don Ray George, and Cathy and Bill McCown testified against the bill. TLC defeated H.B. 3116, which granted superior rights in groundwater to historic users. H.B. 3116 was in conflict with groundwater being private property as part of the land. Granting rights to groundwater apart from proportional ownership of land takes water from its rightful owners, while providing increased reward for increasing the amount of water taken out of the ground. TLC is on record against H.B. 893. The bill would grant zoning power to counties over private properties, including regulating land use and population density within five miles of the end of a runway of a military air base and the power to prohibit land use within 25 miles of a military air base.

83rd Texas Legislative Session

2013 Session

TLC supported S.B. 1241 which allows a well drilled prior to June 1, 2013 to be exempt even if serving a commercial use if not capable of producing more than 1,250 gallons per day or is metered and does not produce more than 1.4 acre feet per year. Passed and sent to the governor. TLC helped defeat various bills which included S.B. 170, S.B. 456, H.B. 1537, and H.B. 1293, which would have allowed counties to require a certificate to be issued by the county to authorize the connection of utilities to a new residence. TLC submitted written opposition to Chairman Coleman.

82nd Texas Legislative Session

2011 Session

TLC had H.B. 2398 introduced, which would require groundwater conservation district rules to be consistent with the U.S. and Texas Constitutions, and supported H.B. 1755 (originally drafted by TLC), which would require consistent “desired future conditions” within aquifers or aquifer subdivisions. TLC supported S.B. 18, which passed, providing comprehensive eminent domain reform. TLC helped defeat various land use regulation bills.

81st Texas Legislative Session

2009 Session

TLC supported H.J.R. 14, which passed, proposing a constitutional amendment (approved by voters) to tighten the definition of “public use” for eminent domain; S.B. 18, which contained comprehensive eminent domain reform; and S.B. 682/H.B. 3322, which would have kept NAIS voluntary in Texas until it became mandatory at the federal level. TLC helped defeat various land use regulation bills.

80th Texas Legislative Session

2007 Session

TLC had H.B. 3580 filed, which would recognize groundwater rights per acre over an aquifer in groundwater conservation districts after recognizing historic use. In addition, TLC supported H.J.R. 11, H.B. 461, and H.B. 3057 (later incorporated into H.B. 2006). H.J.R. 11 would create a constitutional amendment preventing eminent domain for private development. H.B. 461 would keep premises and animal identification voluntary in Texas. H.B. 2006 would define the public use of land to prevent condemnation for private development. TLC helped defeat H.B. 3447, H.B. 3719, S.B. 2021, and H.B. 2955. H.B. 3447 would give several counties the authority to require central water and wastewater for any subdivision of land. H.B. 3719 would give the city of Austin zoning power outside its city limits. S.B. 2021 would create and grant eminent domain power to a Southern Travis Special Utility District. H.B. 2955 would allow certain cities to be exempt from state law that regulates user fees for businesses adjacent to airports.

79th Texas Legislative Session

2005 Session

TLC had S.B. 270 introduced, which passed, regulating mass gatherings. TLC successfully opposed S.B. 142 and H.B. 477, which would have given counties power over private property. TLC had H.B. 1194 introduced, which would help landowners protect private roads from being taken by counties. TLC had H.B. 3209 introduced, which would recognize groundwater rights per acre over an aquifer. TLC had H.B. 3185 introduced, which would protect the right of private property owners to have dams and reservoirs.

78th Texas Legislative Session

2003 Session

TLC defeated H.B. 847, which would eliminate agricultural valuation for property taxes. TLC defeated S.B. 1631, which would extend unlimited land regulation power to all Texas counties. TLC defeated H.B. 2888, which would make many private dams illegal.

77th Texas Legislative Session

2001 Session

TLC assisted in defeating S.B. 517, which would grant counties the power to impose statewide zoning and building codes and limit impervious cover. TLC defeated H.B. 340, which would allow counties to take possession of private roads by drawing a map rather than paying landowners.

76th Texas Legislative Session

1999 Session

TLC wrote the amendment to S.B. 89, which passed, requiring cities to provide equal water and wastewater service to annexed areas.

75th Texas Legislative Session

1997 Session

TLC had H.B. 1394 filed, which required cities to provide water and wastewater service to newly annexed areas. TLC had H.B. 1794 filed, which would prevent damages from delay of condemnation.

74th Texas Legislative Session

1995 Session

TLC drafted legislation adopted in S.B. 1704, which passed, providing that regulations pertaining to projects in Texas may not be changed after the application for the first necessary permit is filed.

73rd Texas Legislative Session

1993 Session

TLC prevented the passage of H.B. 2474, which would have disallowed agricultural property tax valuation of land owned by a person whose primary source of income is not agricultural.

72nd Texas Legislative Session

1991 Session

TLC defeated S.B. 1015, which would have allowed impact fees to be used to fund regional habitat plans. TLC defeated a bill which would have eliminated agricultural property tax valuation for most Texas landowners.