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By Lana Robinson
Field Editor
Short of stopping the Trans-Texas Corridor dead in its tracks, Texas Farm Bureau lobbyists worked closely with lawmakers on legislation aimed at curtailing its adverse impacts. SB 1706, introduced by Sen. Todd Staples (R) of Palestine, and HB 2702, authored by Rep. Mike Krusee (R) of Austin, were approved by the Senate Transportation and Homeland Security Committee and the House Committee on Transportation (chaired by Krusee), respectively. HB 2702 passed on May 11, as the session entered the homestretch.
"Chairman Krusee added many of the Senate Amendments to his HB 2702," said Warren E. Mayberry, TFB associate legislative director. "The bill addresses a number of things of concern to us, including the use of an existing conservation easement instead of condemning property for this corridor. In other words, if there is a conservation easement already in place, TxDOT could use that conservation easement to build the corridor instead of taking new land out of production."
According to Mayberry, the bill amends legislation passed last session which created the Trans-Texas Corridor. Three key provisions, said Mayberry, require 1) that water utilized in construction of the corridor be subject to groundwater district regulations; 2) additional access to the corridor for significant Farm and Ranch to Market Roads be provided; and 3) lease-back options to landowners as well as the restriction of private entities on the corridor to gas stations and convenience stores.
"The bill really prohibits TxDOT (Texas Department of Transportation) from pumping or extracting groundwater on the corridor, but if they have to drill water to make concrete, or to make the grass grow, whatever they pump for, the corridor can only be used for the corridor. And it has to meet the rules for the groundwater conservation district in that area," Mayberry explained. "The lease-back option says if TxDOT condemns land, but doesn't plan to build on it for five years, or whatever length of time, the landowner will be allowed to lease back the land for that period of time."
Under Krusee's bill, Mayberry TxDOT will be required to offer connectivity or access to the corridor based on certain criteria or use, such as a FM road, public safety, first responder, and volume of travel on a road, if severed by a corridor. Another provision in the bill makes it possible for TxDOT to purchase property cut off from the primary tract of an affected landowner.
"Additionally, it allows for compensation for damages for inaccessibility. If they don't build you a connector from one end of the property to the other, then they must pay market value for the loss of access," Mayberry explained. "Also, it allows for a participation payment. Instead of the state paying you a flat sum for that remainder of your property, you could opt for perhaps a percentage of the toll. That gives the landowner a different type of revenue stream."
In a related matter, May 11, Rep. Lois Kolkhorst (R-Brenham) signed on as a co-author of Rep. Garnet Coleman's (D-Houston) HB 3363 that would put a two-year moratorium on development of the Trans-Texas Corridor. To date, 25 Texas counties, have officially passed resolutions opposing the Trans-Texas Corridor, including: Blanco, Bosque, Colorado, Concho, Edwards, Falls, Fayette, Gillespie, Guadalupe, Hill, Kendall, Kimble, Lee, Limestone, Mason, McCulloch, McLennan, McMullen, Menard, Milam, Navarro, Real, Waller, and Wharton.
