3/20/2015
Austin Newsletter
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March 20, 2015 | Regular Session, Issue 11
The deadline for legislators to file bills was last Friday, March 13. Over 6,000 bills have
been filed for this session with 2,606 filed just last week. The Austin staff will be
reporting on these bills over the next few weeks to avoid having a very lengthy newsletter
that would be difficult to read. So, if you have heard or read about a bill that has not
been reported, it will likely be included in a future Austin Newsletter.
Texas Department of Agriculture Peace Officers HB 1270, by Representative Allen Fletcher (R­Cypress), allows the Texas Department of
Agriculture to employ and commission peace officers as investigators to assist TDA in
performing its responsibilities. TFB is neutral on HB 1270. (TFB Policy: Texas Department of Agriculture 106, pg. 4.)
Renaming the Texas Department of Agriculture HB 2120, by Representative Tracy King (D­Batesville), would rename the Texas
Department of Agriculture the Department of Agriculture and Consumer Protection. All
references to the former department would mean the Department of Agriculture and
Consumer Protection, and the Commissioner of Agriculture would mean the Commissioner
of Agriculture and Consumer Protection. TFB is neutral on HB 2120. (TFB Policy: Texas Department of Agriculture 106, pg. 4.) Groundwater Ownership and Rights HB 4112, by Representative DeWayne Burns (R­Cleburne), amends Section 36.002 of the
Water Code to recognize that groundwater ownership and rights are established under the
common law by the courts. These common law rights include the Fair Share Doctrine
recognized by the Texas Supreme Court in the EAA v Day opinion. Section 36.002 has not
been amended to reflect the court's decision in this case, so it currently does not correctly
state the landowner's right to groundwater. https://ui.constantcontact.com/visualeditor/visual_editor_preview.jsp?agent.uid=1120469607824&format=html&printFrame=true
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TFB supports HB 4112. (TFB Policy: Groundwater 151, pg. 60, lines 1­6.)
Approval of Equine Infectious Anemia Tests HB 3653 and HB 3738, by Representative John Cyrier (R­Lockhart), pertain to requiring
persons or laboratories to conduct official equine infectious anemia tests to then be
approved by the Texas Animal Health Commission (TAHC). HB 3738 would make the
approval by TAHC mandatory, while HB 3653 would make the adoption of the approval
requirement at the discretion of TAHC. TFB is neutral on HB 3738 and HB 3653. (TFB Policy: Horses 177, pg. 12, lines 6­9; Texas
Animal Health Commission 107, pgs. 5­6.)
Municipal Petitions to Remove Property Rights HB 2595, by Representative Jim Keffer (R­Eastland), prohibits municipalities from
conducting initiatives and referendum that deprive private property owners of their rights.
Municipalities will not be allowed to accept petitions or hold elections to enactment or
repeal an ordinance or charter provision if that change will restrict the right of any person
to use or access the person's private property for economic gain. If the repeal or enactment of such an ordinance occurs, it has no effect. Any election held
that violates this proposed law is void. A person whose rights are affected by a violation
of this proposed law may sue to enforce the law. TFB supports HB 2595. (TFB Policy: Real Property Rights 148, pg. 51, lines 1­5.)
Eliminating the Rollback Tax in Small Counties SB 974, by Senator Judith Zaffirini (D­Laredo), and HB 3659, by Ryan Guillen (D­Rio
Grande City), are identical bills which eliminate the change of use tax (rollback) in
counties smaller than 25,000 people. Currently, if land is taken out of open­space or
agriculture use, a 5­year penalty is assessed to the property which has changed use. TFB is neutral on SB 974 and HB 3659. (TFB Policy: Property Taxes 140, pg. 34, lines 54­
57.)
Agritourism Liability SB 610, by Senator Perry (R­Lubbock), and HB 1203, by Representative Andrew Murr (R­
Junction), which were previously reported on Feb. 13, Issue 6, have both been heard in
committee. On Thursday, March 19, SB 610 passed unanimously on the Senate floor. HB 1203 was laid out in the House Committee on Agriculture and Livestock and is
expected to receive a vote next week. https://ui.constantcontact.com/visualeditor/visual_editor_preview.jsp?agent.uid=1120469607824&format=html&printFrame=true
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TFB supports HB 1203 and SB 610. (TFB Policy: Real Property Rights 148, pg. 53, lines
75­77.)
Regulation of Retail Public Utility Wells HB 3356, by Representative Eddie Lucio III (D­Brownsville), requires water districts to
determine production amounts for retail public utilities based on the service needs of the
area the utility serves. Additionally, the district would not be allowed to consider the tract
size or acreage of any well site located outside of the district. Basing production on the service needs or area of the utility is not consistent with the
groundwater ownership and rights of landowners. The right of landowners to the
groundwater under their land does not transfer to a public utility simply because the land
is in a utility's service area. TFB opposes HB 3356. (TFB Policy: Groundwater 151, pg. 60, lines 1­13.)
Texas Farm Bureau State Legislative Team
Billy Howe, State Legislative Director Issue areas: Natural Resources and Environmental Regulation E­mail: bhowe@txfb.org Austin Office Phone: 512­472­8288 Marissa Patton, Associate Legislative Director Issue Areas: Agriculture, Eminent Domain, Land Use Regulation and Rural Affairs Email: mpatton@txfb.org Austin Office Phone: 512­472­8288 Mike Pacheco, Associate Legislative Director Issue Areas: Criminal Justice, Energy, Labor, Taxes, Transportation, Utility Regulation and
Tort
Email: mpacheco@txfb.org Austin Office Phone: 512­472­8288
Kenneth Hodges, Political Programs and Activities Director
Issue Areas: Ethics and Elections E­mail: khodges@txfb.org Waco Office Phone: 254­751­8741 FOLLOW US ON TWITTER!
If you would like immediate updates on the action in Austin, follow the Austin Legislative
staff on Twitter.
Billy Howe ­ @TFBAUS_Billy
Marissa Patton ­ @TFBAUS_Marissa
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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
1005 Congress, Suite 555
Austin, Texas 78701
512.472.8288
Fax: 512.472.9120
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