Rose's bill proposing new development controls for counties dies a quiet death

Even before the deadline, it became known among close followers that the legislation had been "tagged," and thus was doomed to failure, in any event

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Editor's Note: Sounds like Rep. Rose will stay in the game to the last inning to save his bill, somehow extracting it from Calendars or attaching it in amendment form to another bill on the floor. They say anything's possible in the "Texas House of Mirrors." Don't hold your breath. Too bad our state representative is not also bringing his fighting spirit to the aid of the watered down Chapter 36 groundwater district bill (HB 4796), which he personally killed a little more than a week ago. Score that: Zero for groundwater protection and much needed county development controls – Grand slam for developer interests in Hays County.

By Bob Ochoa
RoundUp Editor

A piece of legislation sponsored by State Rep. Patrick Rose (D-Dripping Springs) that would have assisted counties with new oversight of development in unincorporated areas has died a quiet death in the Texas House of Representatives.

Tuesday May 12 was the deadline for moving bills out of the House Calendars Committee to the floor for debate and a full vote of House members. Rose's HB 3265 (bill analysis), which among other things would have given counties the authority to regulate development density and help reduce groundwater consumption, remained lodged in the committee as the deadline passed.

Even before the deadline, it became known among close followers that the legislation had been "tagged," and thus was likely doomed to failure, in any event. Tagged is legislative jargon for a privilege enjoyed only by Calendars Committee members to hold back a bill "for further study."

Who on the committee decided to tag Rose's HB 3265 and why may never be known. "I can't disclose any of that information that I get from members of the committee," said a young committee clerk. "We don't ask any of those questions."

Unconfirmed rumors were circulating that the culprit, or hero, depending on one's view, was Calendars Committee member Rep. Edmund Kuempel (R-Seguin), a 26-year veteran of the House. (Rep. Kuempel, very unfortunately, suffered a heart attack earlier this week and was in critical condition, according to his Capitol office. We wish him a speedy recovery.)

Hays County Judge Liz Sumter said the bill's demise is a big disappointment, especially since a coalition of 15 Hill Country counties, including Hays, had worked hard the past 21 months to agree on legislation they could rally behind in the current session of the legislature.

"I imagine the coalition is feeling like the two-year-old with candy dangling in front of him and then not getting the candy," Sumter said.

"What it means for us in Hays County right now is another two years where an unwelcome or obnoxious land user will be able to go in to unincoporated areas without any regulation," Sumter said. "Developers don't have to contribute to the stress on infrastructure they cause and that will continue to be paid by the taxpayers of the county."

Sumter said she had yet to be contacted by Rose personally about the bad news.

Rose's office released this statement to the RoundUp: "I have been fighting the developer, builder and realtor lobbyists for over four months and I won't stop. Giving Hill Country counties the authority they need to protect our water and better plan for the future continues to be a priority for my office. This isn't over until June and we are going to keep working to pass HB 3265."