Fort Worth, Dallas on Line 1

Finally.

The Dallas Morning News writes about the Tarrant Regional Water District. 

Read what the Water District spokesperson had to say.  YOU can't afford not to.

Kudos to Dallas for having a real "news" paper.  Y'all come back real soon!!

And for the rest of you, there's an election coming up.  Pay attention!

Bennett’s lawsuit alleges that the real debate and discussion of water district business — decisions on the pipeline route and awarding of multi-million-dollar design, engineering and construction contracts — takes place not in the public meetings of the board of directors but in secret committee meetings.

Notices about the time, place and agenda of those committee meetings are neither posted publicly ahead of time nor do they appear on the water district’s web site, according to Chad Lorance, a spokesman for the water district.

A little background is in order here for readers unfamiliar with local governments in Texas.

The Texas Attorney General has ruled repeatedly that a governmental body such as a tax-supported water district cannot create committees to deal with a public issue and then allow the committees to meet in secret and make decisions in secret.

I asked Lorance for a legal rationale for why the water district’s committees should not be subject to the state open meetings law. He did not answer directly.

Instead, he cited another statute found in the Texas Water Code. It says, “A meeting of a committee of the board, or a committee composed of representatives of more than one board, where less than a quorum of any one board is present, is not subject to the provisions of the open meetings law.”

One could infer from Lorance’s citation that the water board committees purposely structure their meetings to include less than a quorum to avoid violating the open meetings law. But he did not say that.

“All 339 actions were unanimously adopted by the board,” the lawsuit concluded.

Good Idea

Dear Lone Star and Mayor Tillman,

Thank you for alerting us to this pending legislation.  This is exactly why citizen activists such as yourself are so important.

I attempted to review this bill myself from the State House of Representative web page without much success.  I queried my friend with much State level experience and received the response below*.

I notice that the "Public Hearing" was on 4-10-13.  I wonder if we might get a transcript of those comments given?

I am surprised at the audacity of State Lawmakers to even consider a Bill to take away local authority. It seems that the Republican membership of the Texas House have forgotten the basic tenet of the party is to have less government at the top and for local entities to remain in control.

I would like to see the local activists not only contacting their State Representatives as you have rightly urged, but also to contact City Council members throughout the State. City Councils are the front line in our defense of property.  They are also within the reach of the average citizen.

As they say, "all politics are local". City Councils regularly have discussions and vote for Resolutions in favor or opposing different ideas. This issue would be a perfect example of an issue of some substance and meaning for the Councils' constituents.

Please keep me informed of specific web pages or language so that I might be able to assist my City Council, City Manager and City Attorney in learning about this important Bill.

Thank you again for all your efforts.

 *  Reply from my initial inquiry :

This House Bill was heard in committee last Wednesday the 10, and left pending in the committee.  It is unlikely at this time in the legislative process that there is enough time for it to get out of committee and to the floor for action.  Then, it would need to be picked up by the Senate which probably not occur as there is only some 40 days left in this session.

Last Action: 04/10/2013 H Left pending in committee
 
Caption Version: Introduced
Caption Text: Relating to the effect of rules and standards adopted by the Railroad Commission of Texas relating to the gas pipeline industry on ordinances, orders or rules adopted by political subdivisions.
 
Author: Dale | King, Phil
 
Subjects: Oil & Gas (I0545)
Political Subdivisions (I0588)
STATE AGENCIES' RULES (S0346)
RAILROAD COMMISSION (V0089)
 
House Committee: Energy Resources  
Status: In committee  
 
Actions: (descending date order)

Description		Comment	Date	Time	Journal Page
H	Left pending in committee		04/10/2013
H	Testimony taken/registration(s) recorded in committee		04/10/2013
H	Committee substitute considered in committee		04/10/2013
H	Considered in public hearing		04/10/2013
H	Scheduled for public hearing on . . .		04/10/2013
H	Referred to Energy Resources		03/18/2013		780
H	Read first time		03/18/2013		780
H	Filed		03/07/2013

 

Down in flames

That's how one water board incumbent seemed to go last night at group meeting last night.

There was some confusion on his part to whether or not the Tarrant Regional Water District owned a hunting lease or not.  Apparently that depends on if you call it a deer lease or call it something else.

If you were confused by it, you can read an old article from the FW Weekly on it.  They were reporting on the Water District back in the day (2006).  Too bad no one was listening.  You hear them now?  Did you hear Julie Wilson, (yes, that one) say, “We’re not going to condemn any land for economic development,”  We know several people downtown WHO know that ain't true.

Seems lots of folks at the meeting were upset with Jack Stevens as some of them helped him get elected, now they can't get him to do what he promised, which was look after them and their property. 

The three candidates, John Basham, Timothy Nold and Mark Kelleher fared much better.  Do yourself a favor and vote BNK for the water board.  Otherwise, it's business as usual. And from the looks of it, the locals have had about enough of that.  Hunting season's over.

The water board, as most people call it, has been a low-profile agency for most of the 80 years it’s been around, taking care of four dams and the lakes behind them, selling water to local cities and towns, looking out for flood concerns, and choosing its leaders in elections that often generate anemic turnout. But from time to time, especially when one of the agency’s construction projects requires the taking of private property from those who don’t want to sell, people start getting more curious — and critical — about how the district operates.

“It’s there for the recreational use of our employees,’’ says Board President Victor Henderson. “I think it’s a good thing.”

When an existing board member grew weary of service, he (and until recently all were men) would typically quit before the term was over, allowing the remaining directors to appoint a replacement who could then run for election as an incumbent. Water board elections were often held on days when public interest and turnout was light. In the late 1970s, for example, one election drew fewer than 300 voters.

But district officials say those days are long gone. In recent years, at least three board members have been elected without first having been appointed. And at least one incumbent has been defeated in a recent election. That was in 2004, when businesswoman Gina Puente-Brancato, the only woman and Hispanic to serve on the board, was defeated by retired engineer Jack Stevens.

What’s more, even if they did know when elections were being held, only a fraction of the residents served — or affected — by the agency are eligible to vote for the people who oversee it.

Did he say swimming pool?

This weekend the candidates from District 2 debated over breakfast.

You can read about it here.

One of the interesting items we noticed was Espino discussing the new pool being built on the North side. Did we miss something?  Didn't we close all the pools because Fort Worth couldn't afford them?

WHERE did the money come from for a new one?

Texas House Bill 2828 Removes Local Authority

Message from Calvin Tillman.........

I wanted to make everyone aware of Texas House Bill 2828, which would essentially remove a municipality's ability to regulate ANY aspect of the natural gas pipeline industry.  This would include above ground appurtenances such as compressors and treating equipment.  This bill is being labeled as preventing each town from implementing different safety standard on pipelines; however, if you read the bill listed below it clearly states that it will preempt "any ordinance", "relating to any aspect or phase of the gas pipeline industry".  Furthermore, municipalities have been preempted from implementing safety standards on pipeline companies for decades.

A bank of compressor stations the size of the ones located in DISH, could and would be located wherever the natural gas industry wanted it to be, and there would be nothing that your local government could do to prevent it or even mitigate it.  This would also prevent municipalities from enforcing noise or odor ordinances.  Therefore, it is critical that we take action immediately.  This bill will be voted on in the Energy Resource Committee by Wednesday April 17, 2013; this has to be stopped.  Below are the members of this committee, please make as many phone calls as possible, and share this with as many lists as you can.  If you live in the Barnett Shale or any other shale play, your life will be permanently altered if you do not take action on this bill.

Below is the original bill and attached is a committee sub that is a little bit better, but is just as bad.  Please call each representative listed below, whether you live in their district or not and tell them you oppose House Bill 2828, if they try to explain that this bill only applies to safety standards, simple ask them what do they define as "all municipal ordinances".  I do not reach out very often like this, so I hope you realize the urgency of this situation.  Please call the numbers below, and pass this message on to as many people as possible.

Committee Chair, Jim Keffer
(512) 463-0656

Myra Crownover
(512) 463-0582

Lon Burnam
(512) 463-0740

Terry Canales
(512) 463-0426

Tony Dale (Author) Of course his district is not in a area where there is drilling.
(512) 463-0696

Phil King (Co-Sponsor)
(512) 463-0738

J.M. Lozano
(512) 463-0463

Chris Paddie
(512) 463-0556

Ralph Sheffield
(512) 463-0630

Gene Wu
(512) 463-0492

Welcome to Texas

In a state that claims to be fiscally conservative, its actions continue to show its anything but.

Toll agency seeks sweeping new powers, lawmakers detect misrepresentation.

Cowtown Connections

So Mayor Price wants to hold a fundraiser for the Tarrant Regional Water District incumbents.  Yes, the same Mayor Price who when asked WHY she was giving up her high paying job to run for low paying Mayor, responded, "because Kay Granger asked me to". 

Yes, the same Congresswoman Granger whose son is over the Trinity River Vision Authority, that is the economic development branch of the Tarrant Regional Water District.  The district responsible for flood control and water supply.

This fundraiser will be held at a local restaurant that is owned by Representative Geren (a former Tarrant Regional Water District board member).  Yes, the same Representative Geren that said he passed HB 2639, "because Kay Granger asked me to".  (Which Granger's office denied within the same article). 

Representative Geren recently submitted another bill (HB 3900) that would move all of the Tarrant Regional Water District elections to odd numbered years.  Since the TRWD voted last year to extend three members terms by a year, guess it's only fair the other two get another year. (Did we mention the 3 incumbents have approximately 60 years combined, serving on the water board?)

The fundraiser is for the Clean Water Committee PAC.  The same PAC that spread questionable information during the last water board election.  Seems their address has changed.  Wonder if it had anything to do with disgusted voters crashing the law office they came from?

Since there was some confusion on one of our recent posts,one in which we never said anyone "owned" anything or anyone, let's be clear here - we're just pointing out the connections.  There's a lot of those around 7th street.  Stay tuned for more. 

Do YOURSELF a favor.  Vote for BNK instead of the establishment on election day.  WHO do you think THEY are looking out for?

John Basham, Timothy Nold and Mary Kelleher are running for the Tarrant Regional Water District.  THEY are running for YOU, not downtown, Austin or Washington.