Ag-related legislation progresses
Water is just one hot topic among lawmakers

By MONETTE TAYLOR | South Central Texas Edition

The Texas Capitol is the battleground for legislators who strive to push their bills into law. Currently at the mid-point of the regular session, many bills will affect ag producers and rural residents. -- Staff photo by Taylor

March 27, 2003 -- Along with all the pomp and circumstance that is historical in Texas, the 78th Legislature has reached mid-point of its regular session.

Along with the threat of war, school finances, healthcare, insurance and taxes, among other subjects being debated in Congress, agricultural producers have several bills they are eager to see either passed or vetoed.

During recent interviews with Rep. Robert L. "Robby" Cook, District 28, and Mike Sizemore, press secretary for Sen. Ken Armbrister, District 18, several ag-related bills were discussed.

The water issues have been a priority for Cook since he started in the Legislature. As a rancher and rice farmer, he understands the importance of water to a producer.

"You hate for it (water issues) to be a battle between urban and rural, but it is. So rural areas look at it from a little different perspective than urban areas," he said. "That proposal from Austin (concerning wastewater) could have a huge impact, primarily on rice farmers, but ag in general and anybody who has a water right on the river."

Depending on what happens between the Lower Colorado River Authority and the City of Austin, other large cities, such as Dallas and Fort Worth, could try and "re-capture" their wastewater, thus denying water farther down stream, too.

"It's always going to be a conflict between those who have it, and those who want it," he added.

While he understands the needs to transfer water to some areas, he said he doesn't believe in doing it if negatively impacts other areas and private landowners.

One hot issue with all legislators is House Bill 206, by Rep. Robert Puente, which relates to "the protection of the natural condition of the beds and banks of state-owned watercourses; providing civil and criminal penalties."

"It's really an environmental issue, because what they are doing to that stream bed. You've got to be careful because the landowner that has adjacent property to that riverbed ... they work their cows there; they water their cows there; they may need to use that to get to one side of the river or the other, where their land is. ... You don't want to hurt the private property owner or the private property rights, and you want them to still recognize that they can still use the land like they have, historically, through the years," said Cook.

Sizemore explained that banning four-wheelers from the river beds and banks doesn't ban people from enjoying rivers and streams on foot or on horseback.

"The four-wheelers have gotten to be such a problem. They're not crossing rivers and creeks. They're running right down the middle and they are trespassing on private property. They are leaving trash. The big concern ... this is a bill that the Texas Department of Agriculture and the Department of Parks and Wildlife are very interested in ... is what is occurring. There is extreme erosion, and there is the environmental damage ... we need something to protect the rivers, creeks and private landowners," the press secretary explained.

Texas Agriculture Commissioner Susan Combs has emphasized it is not an "off-road vehicles" access issue, but a "resource-destruction issue." She likened it to the public's right to enjoy the State Capitol's lawn, but not to drive their trucks on the lawn and "cut donuts on it."

When asked about the future of producers in Texas and across the United States, Cook said he felt it's time for a break, and that producers would rather depend on the market than the government for income.

"I think you'd see a lot less need for a Farm Bill legislation and subsidies ... stuff like that ... if we could open up our (export) markets. We'd love to go free market. American farmers and ranchers can beat anyone in the world, We're more productive, safer and better. Just don't tie our hands," he said.

At press time, other ag-related bills and their status include: Senate Bill (SB) 56 relating to the creation of rural health centers, which has had a first reading and referred to the Health and Human Services committee; SB 132 relating to the replacement and repair of existing cattle guards on county roads was read for a first time and referred to the Intergovernmental Relations; and SB 498 created to clarify in government code that bisons are native to Texas and should not be on the list of "exotic" animals. Presently, the Texas Department of Health, under the Texas Meat and Poultry Inspection Act, lists them as exotics.

Also, House Bill (HB) 135 relating to eligibility for an auctioneer's license was left pending in sub-committee; HB 151 relating to offenses involving dogs that are a danger to livestock and other animals was passed on March 17; HB 188 relating to the authority of the Texas Department of Transportation to purchase or condemn real property for the Trans-Texas Corridor was read for a first time and referred to the transportation committee.

Finally, HB 189 relating to a royalty interest as consideration for property acquired for the Trans-Texas Corridor was first read and referred to the transportation committee; HB 206 relating to the protection of the natural condition of the beds and banks of state-owned watercourses; providing civil and criminal penalties was read and referred to the Natural Resources committee and HB 240 relating to the punishment for criminal mischief committed by intentionally introducing infectious diseases into livestock (and other terrorist actions on ag) was read a first time and referred to the Agricultural and Livestock committee, offered a public hearing and the committee report was sent to the Local and Consent Calendar.

While Cook said this 78th Legislature is a "tough session," he said that they come in cycles, and this just happens to be one of those years.

"From a taxpayer's prospective, you can't just keep asking the taxpayer to ante up, continuously," he said.

While the session is due to close the first part of June, Cook said he won't be surprised if a special session is called to complete all of the work necessary.