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February 16, 2001

TFB supports several ag-related bills

We wanted to begin this column with a little perspective. It comes from State Rep. Jim McReynolds of San Augustine in East Texas. Rep. McReynolds, as quoted recently in the Austin American-Statesman, defines the quality of life in rural Texas this way: "Our propane tanks are full, our volunteer fire trucks will start, our septic tanks aren't leaking and our Dairy Queen hasn't been closed by the Texas Department of Health."

We thought you would agree, a little perspective helps now and then.

Back to the business at hand. Texas Farm Bureau is supporting several bills in the Texas Legislature that are of interest to farmers and ranchers statewide. Here is a rundown of some of the legislation that we are actively working on behalf of our organization:

•HB 377 by Rep. Bob Turner / SB 438 by Sen. Frank Madla—This legislation proposes to compensate landowners in a condemnation proceeding for the fair market value of natural resources on or underneath their property apart from the compensation they receive for their land.

The legislation will apply to a condemnation proceeding where the local governmental entity intends to use the condemned land to develop or use the natural resources on, within, or underneath the property. Currently, a landowner can only be compensated for the fair market value of the land, regardless of the reason the property is being condemned. The bill defines natural resources as timber, sand or gravel, water, oil, natural gas, or natural deposits of minerals.

•HB 651 by Rep. Phil King—This bill allows all-terrain vehicles to drive on public streets, roads, or highways (not interstates or limited-access highways) if the transportation is in connection with the production, handling, shipping, using, etc. of agricultural products and the operator attaches to the back of the vehicle a triangular orange flag atop an eight-foot pole.

•HB 788 by Rep. David Swinford—This bill establishes a state grant program for fuel ethanol and biodiesel production administered by the Texas Department of Agriculture (TDA). The funds will be paid to ethanol and biodiesel producers as an incentive to develop the fuel ethanol and biodiesel industry in Texas. The bill entitles these ethanol producers to grants (payable at least quarterly) of 20 cents per gallon of fuel ethanol or biodiesel produced in each registered plant operated by the producer for 10 years. For the fiscal years beginning on or after Sept. 1, 2004, producers are entitled to grants for up to 30 million gallons per registered plant.

•HB 473 by Rep. Bob Turner—This bill increases the penalty from a state jail felony to a felony of the third degree for violations of possessing, maintaining or transporting anhydrous ammonia in a container or receptacle that is not designed to hold or transport anhydrous ammonia; for using, delivering, or selling a container or receptacle designed to hold anhydrous ammonia without the express consent of the owner of the container; or for tampering with equipment manufactured and used to hold, apply, or transport anhydrous ammonia without the express consent of the owner of the equipment.

The increase in penalty is needed to make such offenses more prone to prosecution. The anhydrous ammonia section was added in 1999 by the Legislature in hopes of prosecuting cases of anhydrous ammonia theft from farms.

•HJR 14 by Rep. Barry Telford / SJR 18 by Sen. David Bernsen—This constitutional amendment provides that every person has a right to hunt and fish in the State of Texas in accordance with the laws of the state. Other states such as North Dakota, Virginia, Minnesota and Alabama have passed similar constitutional amendments recently in an attempt to thwart efforts by animal welfare or animal protection groups in the future.

These are just a few of the many pieces of legislation that we are tracking and working at the Capitol. Be sure to log onto www.txfb.org for more updated information about our current legislative efforts or call us here at our office if we can be of any assistance.

The TFB Legislative staff in Austin may be reached at 512/472-8288.