Groundwater Ownership Bill Sent to the Governor
SB 332 by Senator Troy Fraser (R-Horseshoe Bay) has been sent to the Governor. SB 332 recognizes that landowners own and have a constitutionally-protected right to the groundwater beneath their land.

SB 332 recognizes that groundwater below the surface of the land is the landowner’s real property. The bill also states that this ownership entitles the landowner to drill for and produce groundwater. Of course, the drilling of wells and the amount of groundwater that can be produced will still be regulated by groundwater conservation districts.

However, since the ownership of land, and real property associated with the land, is a vested property right, SB 332 settles the debate regarding the rights of the landowner to groundwater.

TFB supports SB 332. (TFB Policy 151, pg 53-54, lines 1-12.) This is a priority issue for Texas Farm Bureau.

Desired Future Conditions
SB 660 by Senator Juan "Chuy" Hinojosa (D-McAllen) is the "Sunset" bill for the Texas Water Development Board. SB 660 passed the legislature with new provisions to better define what the Desired Future Conditions (DFCs) of an Aquifer should include.

Under current law, there is no definition and no guidance as to what factors or information should be included when the DFCs are established for the state’s aquifers. Considering the DFCs set the management goal for the amount of groundwater that can be produced from an aquifer for the next 50 years, such guidance in law was needed.

SB 660 specifically sets out that the DFCs must balance the highest practicable production of groundwater with conservation. This language is critical because it actually states the goal of the DFCs to balance the use of groundwater with protecting it for the future. It is important for agricultural producers and landowners to have this language in statute to provide a check and balance on groundwater regulation.

TFB supports SB 660. (TFB Policy 151, pg. 54, lines 25-29 & 30-45, pg. 55-56, lines 114-129)

Electric Transmission Lines
HB 971 by Representative Phil King (R-Weatherford) would remove the requirement that an electric utility designate a "preferred route" for a transmission line in an application for a certificate of convenience and necessity (CCN).

The legislation would protect a landowner’s rights to protest any route proposed for the transmission line. Currently, landowners only have a legal right to protest the preferred route, not the other optional routes.

HB 971 would allow landowners along any of the proposed routes to protest the transmission line.

TFB supports HB 971 and it has been sent to the governor. (TFB Policy 146, pg. 48, lines 1-4 and 20-26)

Noxious/Invasive Species
HB 338 by Representative Jimmy Don Aycock (R-Killeen) would require any entity publishing a list of offensive terrestrial species to have a disclaimer clarifying the Texas Department of Agriculture has the official list. Numerous lists are published by municipal and other governmental entities, often leading to confusion and omissions.

TFB supports HB 338 and it has been sent to the governor. (TFB Policy 119, pg. 14, lines 5-8)

Horse Teeth Floating/Filing
HB 414 by Jimmie Don Aycock (R-Killeen) was amended with compromise language regarding the filing or floating of horse teeth. Horse owners will have a non-veterinarian option. Laymen who are currently providing the service of teeth floating today will be required to be licensed under a grandfather clause and continue to operate with a greater scope of practice than previous. Those new to the industry will be required to take training courses, and all must obtain six hours of continuing education. There will be restrictions on deceptive terms that could mislead horse owners.

TFB supports HB 414 and it has been sent to the governor. (TFB Policy 117, pg. 10, lines 33-34)

Animal Health Commission Fees
HB 1992 by Representative Rick Hardcastle (R-Vernon) would authorize the Animal Health Commission (TAHC) to charge fees to recover operating costs. Industry has agreed to work with the TAHC through the rule-making process to obtain additional funds needed to maintain the agency’s core functions.

Warehouse Reforms
HB 248 by Representative Jim Landtroop (R-Plainview) requires grain warehouses to provide a better accounting of their financial condition. In addition, the bill requires grain warehouses to increase their bonding level from six cents per bushel to ten cents per bushel, up to a maximum of $500,000.

TFB supports HB 248 and it has been signed by the governor. (TFB Policy 109, pg. 6, lines 14-17)

Ag Use Valuation for Water Conservation
SB 449 by Senator Kirk Watson (D-Austin) and the relating SJR 16 by Senator Craig Estes (R-Wichita Falls) provide for a constitutional amendment, which if passed would allow land to qualify for Agriculture Use Valuation by meeting water conservation requirements.

TFB was neutral on SB 248/SJR 16 which has been sent to the governor. (TFB Policy 140, pg. 31, lines 49-52 & Policy 153, pg. 62, lines 49-53)

Billy Howe, State Legislative Director
Issue areas: Eminent Domain; Natural Resources; and Environmental Regulation.
E-mail: bhowe@txfb.org

Ken Hodges, Associate Legislative Director
Issue Areas: Agriculture Commodities; Livestock; Energy; Taxes; and Labor.
E-mail: khodges@txfb.org

Norman Garza, Jr., Associate Legislative Director
Issue Areas: Transportation; Utility Regulation; Criminal Justice; Tort Reform; Ethics; and Elections.
Email: ngarza@txfb.org

Seth Terry, Associate Legislative Director
Issue Areas: Property Rights; Rural Affairs; Wildlife; and Local Government.
Email: sterry@txfb.org