Texas Neighborhoods Together, a statewide organization of homeowner and neighborhood groups, has the unique role of representing homeowners every two years during the Legislative Session. I am the current president and feel fortunate that we were very succesful this year. But for the turn of a few events and the short clock always ticking at the Legislature, it could have ended much differently. I posted a couple times about being in Austin lobbying for TNT and on city government matters. Sometimes, like with red light cameras, there was overlap.

The following report by David Smith, TNT's Vice President Legislative Affairs, summarizes TNT's focus during this last session. You probably aren't overly familiar with TNT's Legislative Agenda this year, but, if you're interested, I hope this synopsis gives you an idea what was at stake and where we are now.

TEXAS NEIGHBORHOODS TOGETHER
FINAL LEGISLATIVE REPORT
80th Regular Session of the Texas State Legislature
July 2007

 

Texas Neighborhoods Together and its allies generally had a very successful legislative session. Virtually all of the bad bills that would have had a negative impact on neighborhoods statewide were blocked. A number of good bills passed. Other good bills made less progress, but we can build on that in the next session.

 

At a glance:

 

Municipal Authority
  - ALL FIVE BAD ZONING BILLS FAILED.
  - Four good code enforcement bills passed. Six others failed.
  - One bad manufactured home bill passed.
  - Red light cameras are explicitly authorized but regulated.

 

Mandatory Homeowner Associations
  - ALL ELEVEN BAD STATE-WIDE BILLS FAILED.
  - Four good bills passed. Two apply state-wide.
  - One bad bill affecting only one association passed.

 

Deed Restrictions
  - One bill helping some Houston area associations passed.
  - Three other good bills failed.

 

Notification
  - Four good bills failed.

 

Homeowners Insurance Reform – SMALL VICTORY
  - Use of credit scoring still allowed, but insurance companies must now disclose this.

 

Recorded Votes – PARTIAL VICTORY
  - A measure goes to the voters on November 6, 2007.

 

Burglary of Vehicles - VICTORY
  - Third offenses will become state jail felonies.

 

County Land Use Authority
 &#160p;- FOUR GOOD BILLS PASSED.
  - Three other good bills failed.

 

Public Recording of Real Property Sales Prices
  - All six good bills failed.

 

A summary by issue area follows. See the accompanying bill listing for more information about each individual bill.

 

Municipal Authority
TNT opposed bills that would potentially harm neighborhoods through limiting city zoning or code enforcement authority. We supported bills that would enhance the ability of cities to protect neighborhoods.

 

All five bills that would have broadly limited city zoning authority failed. Three of the five (HB 1732, HB 1736 and HB 3604) were introduced by Rep. Kuempel. He got two of them through the House Land and Resource Management Committee but no further. We are particularly thankful to the chair of that committee, Rep. Mowery, who withdrew her bill (HB 252) restricting rezoning following a meeting with the TNT legislative coordinator.

 

One narrowly crafted bill (HB 1460), applicable to existing manufactured homes, did pass and will become law on January 1, 2008. Despite any contrary city zoning, manufactured homes that are destroyed by calamity or simply removed by their owners may be replaced. Rep. Haggerty was the author of this bill.

 

Four of the thirteen bills affecting code enforcement have or will become law. These include two bills (SB 350 and SB 351) sponsored by Sen. Ellis and Rep. Noriega regarding junked or abandoned vehicles, another Ellis/Noriega bill (SB 352) regarding substandard buildings and a bill (HB 1551) by Rep. Hochberg allowing courts to order the cut off of utilities to buildings harboring nuisances.

 

The legislature passed on opportunities to allow neighborhood residents to sue to abate nuisances, provide cities additional means to enforce building ordinances and strengthen illegitimate massage parlor regulation.

 

Photographic Traffic Law Enforcement
TNT has supported the “red light cameras” that many cities have started to install during the past couple of years. As in past sessions, the legislature was very active with this topic, with eleven different bills introduced.

 

All three of the bills that would have directly or indirectly prohibited the cameras failed. One bill (HB 922), by Rep. Truitt, did pass, immediately banning speeding ticket cameras, but not red light cameras.

 

Two other bills (HB 1052 and SB 1119) regulating red light cameras did pass. They add explicit authorization for the cameras, which was not previously in state law. They also set state-wide standards and mandate that a portion of the civil penalty revenue (previously all going to the cities) be dedicated to regional trauma centers. The major bill (SB 1119) regarding this was authored by Sen. Carona. Both become effective on September 1, 2007.

 

Mandatory Homeowner Associations
As in past sessions, numerous bills (20 total) were filed affecting mandatory homeowner associations. TNT opposed legislation that would make associations less viable or less effective in protecting neighborhood interests. TNT supported legislation that would better empower neighborhoods, such as measures that would make it easier for owners to amend deed restrictions.

 

All eleven bills that would have added new restrictions or requirements for mandatory homeowner associations statewide failed. An omnibus bill by Sen. West (SB 979), which incorporated all or part of a number of the other bills, came the closest to passage. Reps. Bailey and Solomons also introduced bills (HB 1171 and HB 222, respectively) that would have affected associations in numerous ways.

 

One successful bill, HB 3674 by Rep. John Davis, applies Open Meeting and Open Records law to a single association in Clear Lake City.

 

Three bills generally beneficial to neighborhoods did pass. After September 1, 2007, architectural control committees may be established by deed-restricted neighborhoods that do not have associations, per HB 2218 by Rep. Hochberg. Also after September 1, associations may not establish new easements without property owner consent, per HB 2402 by Rep. Truitt. Some additional requirements for replats affecting common areas are effective immediately, per HB 3232 by Rep. Olivo. HB 3232 applies only to the Houston area, while the other bills apply state-wide.

 

Deed Restriction Amendments
A good provision allowing deed restrictions to be amended by only a simple majority of all owners was also lost when SB 979 got mired in the end-of-session legislative logjam. Three other bills that would have eased or, in some situations, enabled deed restriction amendments also failed. One such bill (HB 3518 by Rep. Creighton) did pass but only applies to certain associations in Galveston and Montgomery Counties.

 

Notification
TNT also supported good bills that would have given neighborhood residents better notification of proposals for projects which could be intrusive or incompatible with neighborhoods. All four such bills we followed failed. The legislature missed opportunities to improve the notification of associations or individuals in regard to solid waste facilities, group homes and zoning changes.

 

Homeowners Insurance Reform
TNT supported bills that would prohibit the use of credit scoring in determining what homeowners pay to insure their homes against catastrophes. Seven bills were filed on this topic.

 

None of the bills that would have prohibited the use of credit scoring passed. However, one bill (SB 611 by Sen. Lucio) did pass, effective immediately, which requires insurance companies using credit scoring to disclose that on their websites.

 

Recorded Votes
TNT, along with many other organizations statewide, supported legislation requiring the recording of most substantive votes by legislators. In response, eleven bills or resolutions were filed. Eight of them included a broad requirement, in line with the TNT position. Three limited required record votes to the final passage of bills.

 

One of the narrower resolutions, HJR 19 by Rep. Branch, did pass. It is a constitutional amendment, which will be on our general election ballot on November 6, 2007.

 

Burglary of Vehicles
TNT supported legislation that had the objective of deterring vehicle break-ins by making second offenses state jail felonies rather than misdemeanors. Two bills (HB 267 by Rep. Anchia and HB 303 by Rep. Farrar) matched our position. Eight other bills were filed with the same objective but with different changes in law (e.g. making a first offense or a third offense a felony).

 

The successful bill, HB 1887 by Rep. Truitt, makes a third offense a state jail felony and becomes effective September 1, 2007.

 

County Land Use Authority
TNT supported legislation giving counties the authority to establish building codes, regulate land use and in other ways protect neighborhoods outside city limits. Four of the twelve bills filed have become law.

 

The bills that are now law include HB 2591 by Rep. Bonnen, allowing counties to improve subdivision roads (including roads within cities); HB 3581 by Rep. Charlie Howard, authorizing counties to remove or remediate solid waste nuisances; SB 63 by Sen. Zaffirini, giving municipal authority to certain low-population counties on or near the Mexican border; and SB 680 by Sen. Williams, giving urban counties the authority to regulate swimming pools outside cities.

 

The legislature missed some opportunities with the failure of bills that would have allowed counties to adopt and enforce building codes (HB 617 by Rep. Quintanilla), allowed counties some fire code authority (SB 542 by Sen. West) and would have allowed municipal utility districts to have zoning authority (HB 3883 by Rep. Gattis).

 

Retaliatory Lawsuits
TNT supported legislation which would deter lawsuits against associations, association officers or individuals that are designed to discourage or penalize involvement in civic affairs. These lawsuits are often called SLAPP suits (Strategic Lawsuits Against Public Participation).

 

This session saw two anti-SLAPP suit bills filed, following a legislative drought on this topic after Gov. Perry vetoed an anti-SLAPP suit bill several sessions ago. Both Reps. Raymond and Leibowitz filed bills (HB 1089 and HB 1130, respectively).

 

Neither got to the House floor, but we appreciate the initiative of Reps. Raymond and Leibowitz. Both were heard by the House Civil Practices Committee, who favorably reported the Raymond bill, which later died in the House Calendars Committee.

 

Public Recording of Real Property Sales Prices
TNT supported legislation which would require sales price disclosure. Because there is generally good publicly available sales price information regarding middle class homes and a dearth of information about high-end residential as well as apartment and commercial building values, all but middle class homes tends to be undervalued by county appraisal districts. This results in middle class homeowners shouldering a disproportionately high share of the property tax burden.

 

Six bills requiring sales price disclosure were filed. All failed. Rep. Villareal was the strongest advocate in the House, but none of his bills got through the House Local Government Ways and Means Committee. Sen. Wentworth had better fortune with his SB 270, which was approved by Senate Intergovernmental Relations Committee but died on the Senate floor.

 

This report was prepared by David M. Smith, Legislative Coordinator for Texas Neighborhoods Together. He may be contacted at DMSmithIV@aol.com or 972-516-3849.

 

[Return to Website]