Capitol Update

April 8, 2022

This week included more testimony and consideration of TISA. It saw several key committees wrap up their business and close for the year. Legislators have been targeting the end of April for adjournment. They may hit that mark, but the Senate was thrown a wrinkle this week when the courts threw out their redistricting map. Budget negotiations, a stall in TISA’s progress or other unexpected issues could push the session into May. For this week's full update on TISA, click here.

Right of Ways and Property Owner Rights

This week, SB2849/HB2274 (Bailey, Williams) on right-of-way dedications was passed in the Senate. TCHOA has been in support of this bill as amended because it is the result of a TACIR study intended to end an extended controversy on right-of-way dedications. This legislation codifies the Nollan-Dolan test, a U.S. Supreme Court level principle for determining property owner rights. In the House, it is scheduled for the House Finance Subcommittee on Wednesday, April 13. The amendment that makes the bill was already adopted in House Local Government several weeks ago. We expect this bill to move uneventfully through the House.

Slaughterhouses and Dairies

On Tuesday, the proposal to exempt slaughterhouses from zoning failed in the House Local Government committee. HB2740 would have exempted slaughterhouses that are located outside municipalities from zoning as long as they only process 100 animal units per week. The sponsor offered a new amendment that would have allowed any existing slaughterhouse to process that many animals. This would have allowed something that is closer to an industrial operation to locate in a residential area. TCSA had encouraged local officials to contact their representatives because this bill was concerning for several counties. The bill was scheduled for the Senate floor on Thursday, but after it failed in the House committee, it was re-referred to the Senate Calendar Committee. 

Loss of Value Due to Land Use Regulations

This week, this bill pushed by the Homebuilders Association was taken off notice in the House Civil Justice Committee. This bill (HB2435/SB2116) by Rep. Curcio and Sen. Bell, as amended, said that a landowner would be entitled to just compensation for any reduction in value that results from a local government enacting or enforcing a land use regulation. TCSA has been opposed to the bill because of the tremendous cost this could place on counties trying to regulate growth. Also, since the bill as originally pushed would only apply to landowners whose damages are a minimum of $50,000, it appeared the legislation was aimed at helping big developers while shutting the average citizen out of the process.  Before taking it off notice, Rep. Curcio spoke about the importance of protecting the everyman through this idea for a bill, though recognizing that he will not see it through since this is his last term. It is possible that next week it may be sent to be studied by TACIR. In the Senate Judiciary Committee on Wednesday, this bill was sent to the General Subcommittee.

Bid Limits

A proposal to raise the minimum threshold to require competitive bidding is moving forward. Under the bill (HB2600/SB2489) by Rep. McKenzie and Sen.Briggs, counties with a centralized purchasing department and a full time purchasing agent could raise their bid limit to $50,000. All other counties could increase their limit to $25,000. The bill has been sent to the Senate Calendar committee to be scheduled for a floor vote. It will be heard on the House floor on Monday night, April 11th. 

Other Bills of Note

We are at the point in session where bills that have a cost are starting to line up “behind the budget.” The Finance committees put any bills that aren’t funded in the governor’s budget in this status to see whether there is leftover funding to cover the cost of the bill after the budget is adopted. Several items TCSA is tracking are in this status or likely to end up there. We won’t have updates to report on things like the single article cap proposal, training supplements or other matters until we know more about the budget.