Pages

Tuesday, April 5, 2011

Isaac explains reasons for MUD legislation and county development district bill


"I will not inhibit the growth in our district; it's a big reason a lot of us are here.
"


Note: State Rep. Jason Isaac's response regarding Proposed MUDs in HD45 (see story below, "Isaac churning out the MUD bills"), and why he opposes a local option tax election for the Hays Trinity Groundwater Conservation District.


Send your comments and news tips to roundup.editor@gmail.com, to Rep. Isaac at
Jason.Isaac@house.state.tx.us or click on the "comments" button at the bottom of the story


I appreciate you giving me a chance to explain the reasoning behind certain legislation before jumping to conclusions.

Municipal Utility Districts are a common model (authorized by the Texas Water Code) used to provide water, sewage, drainage, and other services outside city limits. They enable developments to provide essential services that might not be available otherwise. They are common throughout Texas, especially in non-urban areas that are experiencing growth, so that tax payers who live within the city limits don't have to pay for the expansion of services that they do not benefit from.

MUDs are governed by an elected Board of Directors who handle the services of the district. Although the facilities of districts vary, those who choose to live within the MUD have the ability to vote to fund services that they want the MUD to provide. I have been adamant about my commitment not to raise taxes, but there is a big difference between a state mandated tax and a tax that people within a development choose to approve. (In addition to basic services, residents might choose to build pools, sports courts, and other community recreation facilities.) Those who move into a MUD are alerted before they buy the property about the associated costs; such as I did when I moved into our neighborhood. These developments give people more control over the services that are offered in their area. Tax rates in MUDs tend to decrease over time. In fact, some older MUDs near Austin have tax rates more than 22% lower than the city.

In regards to concerns specific to HB 3832, that bill is intended to clarify existing powers of an existing district, from 2000, to prevent future confusion. In the sections that reference voter approval, it is my understanding that because this is an existing district, the elections have already happened, therefore negating the need for an election in statute. This bill is currently a work in progress, but with time in the legislature running short, it was necessary to file a bill from which to work. I am currently working on a draft that will address certain discrepancies and clarify intent. I do not plan to request a hearing on this bill until we have made some improvements.

Some things to keep in mind:

I have received approval from Hays and Caldwell County commissioners court for all of the developments that are being proposed.
• You won't pay any additional taxes due to these developments unless you plan to move into one of them.
• People cannot be annexed by a MUD and forced to pay a tax, you knowingly move into one.
• The MUDs I have proposed have NO power of eminent domain.

I have received many criticisms because I won't support a local option (vote) for a tax of the HTGCD (Hays Trinity Groundwater Conservation District). If there was such an option and it passed, everyone within the district, even those like myself that don't use groundwater, would be forced to pay the tax. This is much different than a MUD. I will not inhibit the growth in our district; it's a big reason a lot of us are here. However, the first questions I ask when presented with a MUD: Where's the water coming from and do you have a resolution of support from the county commissioners court?

36 comments:

Anonymous said...

Good answers, all. I support Representative Isaac on all of the legislation that he sponsored except maybe the anti-abortion issues. I still think it is not the purview of government. I frankly don’t care if a woman gets and abortion or not, as long as she understands the ramifications of the step she is taking. His explanation of MUDs is the clearest I’ve seen; maybe some commenters here owe him an apology. I also agree with the HTGCD tax issue fort the same reason he gave. It is clear to me that Isaac is a great improvement over his predecessor.

Anonymous said...

Great response Jason.

Yellow Armadillo said...

Question Representative Isaacs - has the City of Dripping Springs agreed to this "clarification"? Since this MUD is at the edge of their city it is not exactly a non-urban area. Doesn't the City also have a public sewer system that is down the road from this proposed MUD? Have they been denied service?

There is also a rumor that what Hays County Commissioners Court approved is not what the same "clarification" you filed; and a quick call to the Calendars Committee revealed that there is not a pressing deadline that would cause this or any MUD to be "rushed". What gives?

Disgusted by Hypocrisy said...

Mr. Isaac, why do you not trust women to make their own intelligent decisions re: their reproductive rights and why can you not respect the doctor-patient relationship, expecially when it comes to women.

Quit trying to hide behind your MUD nonsense and show that you are man enough to explain the real elephant in the room - your right wing anti-abortion big government activism?

Please explain your broken promises and lying to us during your election campaign that you wanted government out of people's lives. Yet you co-author one of the most government intrusive laws around.

And how are you smarter than the true conservative Republican State Legislators in Wyoming who would not allow such a socially repressive abortion law in the most Republican state in the Union.

Explain, Sir, why you are really a big government liar?

And don't hide behind your right wing attack dogs who will no doubt defend you here in the Roundup against these very valid questions re: your hypocrisy and big government anti-freedom law making.

Anonymous said...

Jason, I am proud of you.

Thank you for serving our community.

Anonymous said...

Go back to Houston or wherever you're from Isaac and take your big growth, big money, big water, big government, big city and big developer handouts with you.

Anonymous said...

The anti-Isaac crowd commenting here seems to be the lowest kind of knuckle draggers. There will always be the single-issue (abortion) voters that would throw the whole country under the bus over a medical procedure that is already the law of the land. Get over it; we have more important things to deal with.

Jason Isaac is the right man for the job or would you have rather had Barton? Oh, that’s right we already decided that in one of those quaint little democratic things called an election. Silly me!

Les said...

So who was his ghost writer on this piece as he never said any of this in the campaign?

So much for the blue collar dude... not punching a clock any longer.

He became his opponent in record time... hey, how about your views on funding education?
Patrick Isaac!

Anonymous said...

Isaac didn't write any of his
explanation of what MUDs are and do. He didn't write any of the 2nd
paragraph and didn't write at least
the first 2 sentences of the 3rd
paragraph. Go to www.google.com
(which is probably what HE did!) and search for Municipal Utility
District TX. Read the first 3 or 4
hits and you'll see the words he
"lifted"(plagiarized).

His true writing style is more on the order of baseball player Yogi
Berra, as when Isaac says, "I will
not do anything to inhibit the growth of this area; it's the reason many of us are here."
Laughable and difficult to make
any sense of.

Anonymous said...

To Anonymous, April 5, 10:21 PM:

You said, "Jason Isaac is the right
man for the job or would you have
rather had Barton?"

Isaac was running against Patrick
Rose, not Jeff Barton. "Silly
you," indeed!

Truth said...

Anonymous of April April 5, 10:21 PM is the real fool if he or she thinks the abortion issue is a one issue problem. If Isaac is willing to go there once - he will do it again because he has no boundaries or consistency or respect for a citizen's privacy.

I'm sure you voted for George W. Bush. So when he borrowed billions of dollars to attack Iraq by lying to us about the connection between 9/11 and Saddam Hussein, were you stupid enough to continue to support him? My guess is you were.

And now that our nation is billions of dollars in debt because of the two wars that Chuckles the Clown started, I bet you are also wanting to cut budgets everywhere - but not the military, right?

And i bet you don't want to pay taxes to pay off the huge debt your right wing wars got us in, right?

So, I really doubt if you are smart enough to know that Isaac is a proven liar and a hypocrite. And he will be that forever now that he has set a precedent.

Yet you think he is the best man for the job. Pathetic!

Puzzled said...

Representative Isaac,

You admit straight out that you won't even allow citizens of Hays County to have a chance to vote whether to tax themselves (at a
very low rate) to support our
groundwater district. State Senator
Jeff Wentworth is willing to present the companion bill in the
Senate, but you won't cooperate
with him. You give as your reason,
"I will not inhibit the growth in our district; it's a big reason a lot of us are here."

Two questions:

1) What in tarnation does that
last weird sentence mean?

and 2)How does allowing citizens to
vote on a voluntary tax inhibit
growth?

Anonymous said...

Jason Isaac needs to skip a few of those lobbyists' parties and stay
home to read some of the bills
he's tossing out to the Lege. He
didn't write them, but he does need
to read them so he can (possibly)
answer questions about them.

Anonymous said...

Good questions, Yellow Armadillo
(April 5, 9:21 PM).

Ultimately it IS planned for Caliterra to be annexed into
the City of Dripping Springs. But
not until the first couple of years of house building are
finished.

For water the development will use
LCRA, the pumping permit requested
from HTGCD by the Hays County
Development District, and the City
of Dripping Springs. Phone will be
Southwestern Bell. Electricity is
PEC.

You can read more about Caliterra
by searching the internet.

Yellow Armadillo said...

Okay, all, you guys are just wound up too tight. This particular posting isn't about abortion. (But just so that we are clear - if the regulation of such a horrendous act as abortion should be left alone by "getting government of our lives", then what the he'll was this whole stupid Democratic health care bill about?)

Anyway, my critiquing of the bill, Mr. Isaacs is not a critique of you per se so much as it is critical of the bill itself. It appears on the surface that you have been hoodwinked by slick talking developers' attorneys who did the old bait-and -switch with Hays County, ignored the municipality closest to the development, and then told you (or your assistants) that there was a deadline. And why, curiously, was this sent to the Governor already?

If this bill is meant to be it should be handled with due care and caution. Get the consent and support of the local communities, listen to all sides (including the skunk bait attorney for the developer) and then remember you represent the people of your District first not the guy who lives in Dallas who just happens to own a piece of dirt here in God's country. (btw - I'm just as pro-growth as the next guy, but let's make sure we honor those who do it right by not circumventing the process by doing an end run around the local communities and coming to the Legislature to be like a little titty-baby who cries about the mean city councils and local property owners. Tell them to grow a pair and go do his job, develop if there's a need or a niche, not just more of the same vanilla high-dollar homes that don't provide long term jobs or really add "value" to a community in a non-monetary sense.

Come on Jason, we're counting on you to do the right thing. Make Dripping Springs proud.

Anonymous said...

The required MUD notices given to purchasers when they close is a joke. Just ask all the people who bought in Circle C.

If you are thinking about buying property in a MUD. look at the maximum allowed debt and tax rate associated with it, because that is what you will end up paying.

As for the people voting for a MUD, just look at any MUD election; there may be 5 people voting, and they are all employees of the developer. The Salt Lick MUD had a 1-0 vote. That's democracy for you.

Anonymous said...

Thank you Jason for all your hard work. That was a very good explanation of how a MUD works.
And Disgusted this is a blog about MUD's not abortion. Please try to stick to the topic and lets remember to be polite in our blogs people! Remember everything that you write on a public blog can come back to haunt you in the future.

Anonymous said...

Mr. Isaac,

In talking about MUDs, you write
here "I have been adamant about my
commitment not to raise taxes, but there is a big difference between a state mandated tax and a tax that
people within a developoment choose
to approve."

So, if you think a tax that people voluntarily submit to is okay, why
won't you let the voters of Hays
County vote on whether to tax
themselves to support HTGCD? You
seem inconsistent and arbitrary.

Cuz said...

Our new state representative must be too busy trying to go along to get along to give his constituents a good explanation for his Mud legislation. His statement looks suspiciously like it was written by a home builder realtor lobbyist or a greenhorn staff member that copied the text out of wikipedia. Pathetic. He must think we're all a bunch dry land farmers desperate for a city slickers promise of growth and prosperity. Hooey. He is now owned by the big business and development interests.

Rocky Boschert said...

Isaac's headline quote here shows who he really is:

"I will not inhibit the growth in our district; it's a big reason a lot of us are here."

This comment reflects a telling special interest agenda that is anethema to the real reason many residents of Hays County moved here. This attitude is a projection of Isaac's special interest politicking for what he owes his "development" handlers.

The group semantics of Isaac's comment - "a lot of us" - is typical crony politician speak for "the business interests I truly represent."

Yes, Mr. Isaac, we need more growth in Hays County - when we already have thousands of foreclosed or vacant properties, tens of thousands of square feet of idle unused commercial property, and a county debt that is very strained and insufficient. Yes, we clearly need more development.

Isaac exhibits the true mind of a big government Republican ideologue: besides his God-complex social agenda, he throws out bland free markets rhetoric, even though they are largely false hope, and hopefully the masses will believe them to be true.

In other words, offer more growth with the promise of crappy low wage service jobs with no benefits that primarily enrich Isaac's special interest development buddies, while at the same time stealing from our already very limited county tax coffers to give free infrastructure to his developer masters.

Good job, Isaac. You got elected.
And we get to see the real you. And my guess is two years from now - when you are hopefully not re-elected - your marketing gig as a special interest politician will get you some sort of high paying private sector public-relations job. Or, consider a job policing the women and medical professionals you clearly disrespect - to make sure they are looking seriously at the pre-abortion sonogram video screen.

Sadly, and stupidly, I voted for you. Wow, how short-sided I was. But now we know the real you and hopefully the thinking voters will tell you where to go in the next election. I know I will.

As the state representative for my area, you are not good for my economic values nor my social values that trust people to ask God - not you, for help. In short, you insult my intelligence. And you offer no sensible solutions for 21st century Hays County or our nation.

Anonymous said...

Did you all really need our Representative to explain what a MUD is? All these comments congratulating him on explaining something as basic as a MUD are laughable. His time would best be spent learning how to bring amendments to the floor of the House properly and then how not to "fail miserably" when he does. (For giggles I suggest reading his Twitter feed available on his website)

And when was Isaac ever "blue collar", Les? He lives in Belterra and is a trucking company executive. If you ever believed he was blue collar then you are seriously oblivious.

Truth said...

Two Points:

Yellow Armadillo said:

"...if the regulation of such a horrendous act as abortion should be left alone by "getting government of our lives", then what the he'll was this whole stupid Democratic health care bill about?

So, Yellow, just in case you just don't get it, the RomneyCare (copied) Health care bill was not just big government nonsense, it was bad big government nonsense.

Isaac's abortion bill is not just bad big government nonsense, it is hypocritically bad big government nonsense - from someone (Isaac) who professes small government values.

Get it, Armadillo?

Also, Anonymous April 6, 8:19 AM hilariously writes:

"Remember everything that you write on a public blog can come back to haunt you in the future."

Good to know. Because now I'll know how to find you when I want to get even for your comment. I'll just google "Anonymous."

Anonymous said...

Right on, Rocky!

Tired of the BS said...

Isaac shows how short-sighted (or dumb) he is about these MUDs. Eventually all the taxpayers will wind up paying for maintaining the roads, new school construction forced on us by the increased population, police and fire protection and a higher cost of living. Who does he think he is kidding?

Anonymous said...

County Commissioner Will Conley stated on March 19, 2009 that he
favored more Chapter 36 authority for HTGCD. (Go to www.smmercury.com
and search for article "Fear
mongering over water.")

I don't agree with everything Conley said in his guest commentary
to the San Marcos Mercury, but I'm
glad to see he supports HTGCD.
Hopefully he can persuade Jason
Isaac to change his mind on whether
to allow voters to express their
opinion on a possible tax for
HTGCD's benefit.

Anonymous said...

Just so you know, Conley has about as much say about the HTGCD’s ability to call and election to levy an ad valorem tax as you do. Jason Isaac that everybody seems to want to beat up on lately, will be your man to okay that action. It is a legislative responsibility and it will be at least 2 years before such a thing can come up, if at all. I’d say fat chance for the taxing portion of Chapter 36 to be applied to the HTGCD and even less of a chance the voters would ever approve it.

Anonymous said...

to Anon April 6, 6:28 PM

You're wrong about Conley's having
no clout with Isaac. Before a
state rep will put his neck on the
line for anything, he wants to know
he won't be stepping on any toes back in the home district (unless the toes belong to mere
constituents). One reason Patrick Rose didn't push for Chapter 36 for HTGCD is that he knew the majority of the (then)commissioners
court wasn't for it.

Anonymous said...

To Anon April 6, 2011 7:11 PM who said
"One reason Patrick Rose didn't push for Chapter 36 for HTGCD is that he knew the majority of the (then)commissioners
court wasn't for it."

You don't really know why Rose didn't support Andrew Backus' agenda and its pretty clear that many did not support Backus' agenda. However, it's still curious as to why you seem to maintain that HTGCD is not a Chapter 36 district.

HTGCD IS a Chapter 36 district. Just because 36 purports to authorize a number of powers for a district does not mean that every district has all of those powers. Even in the area near us there are other GCDs which have no ad valorem taxation power.

Other restrictions that HTGCD's legislation imposed include prohibiting the board from entering your property without your consent. Do you really have a problem with that ?

As to the taxation issue, you are free to contribute today to the HTGCD in whatever amounts you want to give. Nothing is stopping you. But imposing a tax on others is a different matter altogether and completely at odds at what was represented when the voters affirmed the creation of the HTGCD nearly a decade ago.

Anon April 6, 7:11 PM said...

to Anon April 7, 9:38 AM

Yes, I realize HTGCD falls under
Chapter 36. But it does not have
full Chapter 36 benefits. It has
no realiable income to support its
duties. It is dependent on whatever
pittance Hays County Commissioners
Court deigns to give it each year.

You say, "...imposing a tax is a different matter altogether and
completely at odds with what was
requested when the voters affirmed the creation of the HTGCD nearly a
decade ago."

At the time HTGCD was created, the
then county judge (Jim Powers) and
the county commissioners had the
say as to how the HTGCD ballot
proposition was worded. They left
out language which would have given
full Chapter 36 powers to HTGCD
because they wanted to retain
control of the district in their
own hands. Voters were never even
given the OPTION of voting on
whether to impose a small tax on
themselves to fund the execution of
the duties of HTGCD. So, essentially, we have never even
heard the will of the populace on
the matter of an ad valorem tax to
fund HTGCD.

Anonymous said...

An honest response of "Because it's what my owners said to do" would have been refreshing

Anonymous said...

to Anon Apr. 7, 11:16 AM;

To whom is that "An honest response..." directed?

Anonymous said...

Would appear that since it's a post attached to Rep. Isaac's explanation of his MUD bill, that it's directed at Rep Isaac.

Why, are you feeling offended?

Les said...

Of course Patrick Isaac isn't blue collar but Jason Rick Rose painted him to be. Why I mix the names is pretty clear - the names are interchangeable. The funding of these campaigns doesn't change in the long run.
Hell, this district would elect Billy Sol Estes or Charles Manson if they were on the ballot as a the real conservatives... and then be surprised when they get ripped off or killed....

Anonymous said...

To Anon April 07, 2011 10:50 AM:

You said "Yes, I realize HTGCD falls under Chapter 36. But it does not have full Chapter 36 benefits. It has no realiable income to support its duties. It is dependent on whatever pittance Hays County Commissioners Court deigns to give it each year."

Feel free to explain what "benefits" are created and who the beneficiary of those "benefits" are. The "pittance" is largely paid by monies given the county from LCRA. You are free to give whatever contribution you want. You really aren't interested in contributing to HTGCD, though. Your sole interest is in forcing everyone else to be compelled to give money. HTGCD is solvent and functional - and in much better shape than Hays County or the State of Texas financially.

You said: You say, "...imposing a tax is a different matter altogether and completely at odds with what was requested when the voters affirmed the creation of the HTGCD nearly a decade ago."

At the time HTGCD was created, the then county judge (Jim Powers) and the county commissioners had the say as to how the HTGCD ballot proposition was worded. They left out language which would have given full Chapter 36 powers to HTGCD because they wanted to retain control of the district in their own hands. Voters were never even given the OPTION of voting on whether to impose a small tax on themselves to fund the execution of the duties of HTGCD. So, essentially, we have never even heard the will of the populace on the matter of an ad valorem tax to fund HTGCD.


They actually gave the HTGCD full chapter 36 powers with restrictions on the HTGCD's authority. Other districts likewise have restrictions on their authority - including restrictions on ad valorem taxation.

Those supporting the initial formation of the HTGCD were advertising that it would not have ad valorem taxation power, would not meter residential wells, would not charge production fees on residential wells, and would not require permitting nor prohibit you from having a residential well. Yet, former board members have spent an inordinate amount of time attempting to eliminate every one of those limitations on their powers. Perhaps the HTGCD should post that brochure on the website again under a "History" or "About" heading.

How are prohibitions against entering property or ensuring a right to access to groundwater on your property an exercise of "control" by a county commissioner? Seems to me that such provisions respect property rights of constituents.

There is a proceeding going on right now where there is an attempt to create a "Super District" over the Hill Country PGMA. Thanks to constitutional arguments and the fact that HTGCD exists - that failed. Indeed, that proceeding is little more than a train wreck with a little inertia left. It failed and every property owner here should be grateful.

Among the other things "left out" of the enabling legislation was this idea that a district could enter your property without your consent, without a warrant, and without probable cause. Are you opposed to prohibiting unconstitutional searches?

The very fact that HTGCD is in its present form today has SHIELDED property owners here from all the massive attempts at water grabs and control going on in this area. I see nothing "beneficial" about giving power to a governmental agency to deny the ability to access the groundwater on my own property without compensation, or to charge me production fees, or impose ad valorem taxes, or any entity demanding to enter my property without consent, a warrant, or probable cause. Nope, I'd say the current HTGCD legislation ensures that the "benefits" remain with the property owners.

The anti-change crowd is simply unwilling to recognize property rights of other property owners and that change does not need your approval or consent to occur.

Anonymous said...

Rep. Isaac,

YOU did not "receive approval from
Hays and Caldwell commissioners for
all the developments that are being
proposed [for HCDD#1]." That
approval was given way back in
2000, before the 2001 legislation
creating HCDD#1 was passed.

Are you becoming a Jeff Barton --
lying when the truth would serve
you just as well?

Anonymous said...

Maybe we should think of Will as
CON-ley.