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Property rights take center
stage in legislature...
May has arrived and the state legislature is preparing to take action on remaining bills. Texas Farm Bureau has been busy pushing legislation to protect the private property rights of producers and landowners.
S.B. 734, by Sen. Tommy Williams, has passed the Senate and House and is now awaiting Gov. Perry's signature. S.B. 734 allows the discharge of a shotgun, air rifle, BB gun or a bow and arrow on a tract of 10 acres or more. The discharge must be 150 feet from a residence or occupied building on an adjacent property. The bill also allows center or rim fire rifle discharge on 50 acres or more, but not within 300 feet of a residence or occupied building on an adjacent property. In all instances the projectile cannot be discharged to cross property lines. The purpose of this legislation is to protect the right of landowners to hunt, even if they are annexed into a city.
H.B. 3017, by Rep. Rob Orr, was introduced with the intention of protecting landowners from abuse during condemnation. The bill strengthens the landowner's rights under condemnation by requiring the condemning entity to perform an official appraisal before offering to purchase a tract of land. The appraisal must be made specifically on the tract of land that is going to be condemned. However, appraisals are not required for tracts of land less than 2,000 square feet unless the property owner requests it. With this adjustment, the eminent domain authority demonstrates good faith to the landowner.
The second provision of H.B. 3017 is cost recovery, when a judge determines that a condemning authority did not negotiate in good faith. The judge can require the condemning entity to pay all costs of the landowner's defense, including reasonable attorney and expert witness fees incurred by the landowner. The bill passed the House and is awaiting a hearing by the Senate Committee on State Affairs. Any contacts to the Texas Senate to help pass this legislation would be greatly appreciated.
Texas Farm Bureau is calling all members to action on H.B. 1317 by Joe Driver. Farm Bureau is asking members to contact their state representatives and voice support of this bill. H.B. 1317 revisits H.B. 1487, passed in the 78th Legislature, that requires electrical work to be performed by a state licensed electrician. The bill did not include an exemption for agricultural electrical work.
H.B. 1317 will change the electrician statute by providing exemptions for buildings, equipment and structures used by farmers and ranchers. Electrical work has been done on agricultural land for generations and widely incorporates work on livestock barns and irrigation systems. This bill will help alleviate costs by allowing the non-licensed individual to continue to perform electrical work. This legislation has been voted from committee, but it has not been scheduled for debate on the House floor.
Texas Farm Bureau will be busy monitoring and ensuring the Legislature will be passing legislation that benefits farmers and ranchers. However, it is important that you join the process. Check for action alerts on the Texas Farm Bureau website at www.txfb.org, then scroll down and click on the "Legislative Action Center." There you find priority legislation in need of grassroots action.
