Redistricting
The Legislature will consider proposals to redraw district boundaries for state representatives and senators, the Texas congressional delegation, and the State Board of Education to reflect population shifts measured by the 2010 census. Lawmakers will have to follow certain state constitutional requirements, such as avoiding crossing county lines in drawing Texas House districts. They must incorporate equal-population standards, minority voter representation protections required by the federal Voting Rights Act, and prohibitions against racial and partisan gerrymandering, as outlined in U.S. Supreme Court decisions. The Legislature will have to complete redistricting of Texas House and Senate districts by the end of the regular session or else that task will fall to the five-member Legislative Redistricting Board (House speaker, lieutenant governor, attorney general, comptroller, and land commissioner).
Lawmakers also may consider proposals to shift redistricting authority from the Legislature to an independent commission or to add new requirements, such as adhering to political boundaries, prohibiting use of partisan political data, or counting prison inmates, college students, or other groups as residents of districts other than the one in which they currently reside.
Elections
Legislators may consider requiring all voters to present government-issued photo identification at polling places before being permitted to vote. Proposals may emerge to require proof of U.S. citizenship when registering to vote. Another proposal would establish same-day voter registration at the polls. Some may propose moving the presidential primary election date from the first Tuesday in March to earlier in the year. A proposal to expand the use of countywide polling places, or “super precincts,” may be considered.
Eminent domain
Some proposals could seek to revise aspects of eminent domain authority in Texas. Lawmakers may revisit whether to allow a property owner damages for diminished access to roads from remaining property when a portion of a lot is taken.
Another theme that could emerge is whether owners whose land is taken through eminent domain should have the right to repurchase the land, and at what price, if the public use is cancelled. Lawmakers also could consider imposing due diligence requirements on condemning entities to make good faith offers to property owners upfront. They may consider limiting the authority to condemn property in so-called slum and blight areas.
Other proposals may include revisions to the eminent domain process, such as when an entity must disclose its authority and intention to take a property, whether to require condemning entities to offer relocation assistance to displaced property owners and to provide documents in a timely way, and how to define who may exercise eminent domain authority.
Spotlight on bills filed:
HB 279 – Geren, Charlie – Relating to the use of eminent domain authority
Key Provisions:
- Prohibits governmental and private entities from exercising eminent domain if the taking of the property “is not for a public use.”
- Creates Barnett Shale-driven limitations on pipeline easements
- Establishes procedures that must be followed by governmental entities carrying out the exercise of eminent domain
- Establishes a means by which eminent domain authority can expire
- Establish conditions and requirements for property owners to repurchase property acquired through eminent domain
- Defines and requires “bona fide offer”
SB 18 – Estes, Craig – Identical to HB 279
Local zoning and regulatory powers
Lawmakers may consider proposals to extend the scope of the Private Real Property Rights Preservation Act by requiring municipalities to compensate a property owner when they enact regulations that substantially reduce the value of the owner’s land. Other proposals could include granting counties authority to execute limited zoning and other land use authority.
Statewide HR department
As the state examines possible cuts to state agencies’ budgets, lawmakers may consider consolidating human resources functions into a single statewide agency. The creation of a Department of Human Resources might be similar to the ongoing consolidation of state information technology functions into the Department of Information Resources.
Texas Public Finance Authority
The Texas Public Finance Authority (TPFA), which manages the state’s debt issuance, was reviewed this year by the Sunset Advisory Commission. The Legislature may consider commission recommendations to eliminate the requirement to use escrow accounts to hold bond funds for cancer research, which the commission says would save the state at least $31 million in general revenue funds in fiscal 2011-12. The Sunset Commission recommended that the Legislature allow all universities to access TPFA services, which could lower their bond related costs. The commission also recommended that the Legislature require the Texas State Technical College to use TPFA services because as a smaller, infrequent issuer of debt, the college lacks the expertise to minimize issuance cost.
Texas Forest Service
The Texas Forest Service is under Sunset review. Sunset staff have proposed creating a commission to oversee the agency. Sunset staff recommend that the commissioners be appointed by the Texas A&M System Board of Regents. The Forest Service currently is under the authority of the Texas A&M University System. Further recommendations are to strengthen the Forest Service’s fire-fighting authority and planning and to eliminate the seven peace officers it employs.
Government efficiency
The privatization of some state services and consolidation of government functions may be discussed. State laws on the procurement and contracting also could be examined.