News

Truck Traffic Blamed for Damaged Roads

June 15, 2007

Weatherford Democrat

Galen Scott

*Personal Note from Representative King:

I wanted to add here that I did successfully get the bill discussed in this article ammended on to HB 2982, which finally passed the legislature and will be effective on January 1, 2008. In the article Mr. Scott correctly states that the bill I carried (HB 913) was left pending in Senate committee. This bill will enable the counties where the portable drilling rigs are actually being used, to see the benefits of the tax revenues from these rigs.*

Big trucks and the gas drilling industry, in particular, are damaging some Parker County roads so much that they are becoming dangerous, according to Precinct 3 Commissioner John Roth, and even if his road and bridge budget doubled, it still wouldn’t be enough to keep up, he said.

After recently driving roads in Johnson County, where Barnett Shale exploration developed more rapidly, Roth decided to air his concern with members of the Parker County Commissioners Court. He said the edges of some Johnson County roads are “beat out” all the way to the middle.

“I’m afraid that our roads are going to end up just like theirs,” he said during the Court’s June 6 regular meeting. “We’re headed that direction and it’s dangerous and I want to enter into this debate before it gets absolutely horrible.”

Roth acknowledged heavy trucks not associated with the drilling industry are also to blame, and said gas operators shouldn’t foot the entire repair bill because some Parker County roads weren’t exactly in great shape to begin with. But Roth was crystal clear about which user he believes is responsible for most of the recent roadway impairment.

“The roads are breaking down,” he said. “I think the [oil and gas] industry has had a significant impact in the last two years on the number of overweight vehicles and what they’re doing to the roads.”

Precinct 4 Commissioner Jim Webster, whose territory contains the vast majority of new gas wells in Parker County, agreed the situation has become a problem. He said some roads in his Precinct have already lost 2 feet of surface on either side and there is no longer enough room for a passenger vehicle to pass an 18-wheeler without somebody moving over.

“You will be killed if you don’t get into the shoulder and that is a fact,” he said. “We have dangerous safety issues to consider here.”

Roth said tax revenue produced by gas wells is just not enough to offset the damage caused by trucks involved in Barnett Shale production and that he doesn’t have enough road and bridge money to adequately maintain his precinct’s roads.

The Parker County Appraisal District reported Precinct 4, which represents the southeast quadrant of Parker County, had the most new drilling activity last year with 74 new gas wells completed before January 1 2007. After the county’s road and bridge tax rate was applied to the collective valuation of those 74 wells, each one contributed an average of about $1,500 for the precinct’s road and bridge fund.

Roth contends $1,500 worth of damage is done when the big rigs, “roll their first tire down the road.”

He said he is not trying to start a fight with the oil and gas industry. He noted having several conversations with what he called the “major players” and said they have all expressed a willingness to ante up.

“We’re pretty much building and maintaining the roads for this industry and charging them pennies on the dollar for what it’s costing us,” Roth said. “I need to double my budget and that’s not going to get us far enough; it’s going to put us closer to not falling behind as fast as we are now.”

At Roth’s behest, State Rep. Phil King (R-Weatherford) agreed to request an opinion from Texas Attorney General Greg Abbott regarding the legality of county-imposed impact fees, which would tax the operator of each new drilling location. As a general rule, King said industry ought to carry its own load.

“If industry is specifically causing damage to roads, then that industry needs to be specifically liable for it,” he said. “There is no question that the industry is … it takes an average of 40 truck loads to move one rig, and then you’ve got all the water trucks and everything else.”

In order to address deteriorating roadway conditions last year, the Commissioners Court began requesting a voluntary payment of $25,000 for each operator’s first well, and $5,000 for each following well. County Treasurer Jim Thorp said some operators will occasionally contribute a few thousand dollars “here and there,” but to date, he said the county has not received any larger voluntary payments.

King submitted a bill this year, which would have allowed the county in which a drilling rig is located on January 1 to levy ad valorem taxes against the value of the equipment. Previously, those taxes were paid to the county where the rig’s owner was based. The extra revenue was touted to help Barnett Shale counties compensate for emergency services and road maintenance associated with the drilling boom, but King’s bill was left pending in a Senate Committee.

Economic benefits produced by exploration should compensate for the cost of maintaining county infrastructure, according to King. In fact, a recent study concluded the 14-county core area of the Barnett Shale realized $5.2 billion worth of new economic activity last year. King compared road damage associated with the Barnett Shale to problems on Interstate-35, a highway Texans pay to maintain even though trucks using the route are headed to destinations throughout the nation.

“All these other entities are benefiting from the economic benefit that is coming with the development of the Barnett Shale, but the money to offset to the infrastructure costs is not getting back to [the road and bridge fund] where it needs to be,” King said.

County-wide taxing entities that receive a cut of the revenue generated by gas wells include Weatherford College, the Parker County Hospital District, the county’s general fund and the lateral road and bridge fund. Taxes associated with eight of the school districts in Parker County are levied at a rate more than 10 times the road and bridge rate.

Nevertheless, Roth said he wanted to be clear that he doesn’t favor increasing the road and bridge tax rate because doing so would, “make everybody else finance the damages that one particular industry is causing.”

Commissioner Webster suggested he would favor new taxes on mineral owners and operators alike. If he was fortunate enough to own minerals, Webster said he would be glad to pay a “spud-fee,” which is a fee paid when drilling commences.

“I would like to see a tax imposed on the mineral owners, or a spud fee, and also on these oil companies,” Webster said. “I don’t know if we can do that, but why should non-mineral-rights people subsidize the oil companies and subsidize the mineral owners who are enjoying the fruits of Parker County?”

Exactly how the county will address the road situation remains to be seen.

Depending on a number of legal issues, the Court could perhaps vote to levy a tax on operators, increase overweight enforcement and fines, tax mineral owners, realign tax revenue distributions, issue debt, earmark bond money or raise county-wide tax rates. King allowed finding a local solution could require legislation and said he would not favor a county-wide tax increase.

“The school districts, the cities and the county general fund are all benefiting from this greatly, because you have an industry coming in here and generating a lot of tax revenue,” Roth said, adding those entities aren’t really responsible for supplying services to the oil and gas industry. “It’s basically money sitting there, is what it is. So there are a lot of huge benefits economically, but it’s totally lopsided. We’re providing all those other entities a tax source by providing the operators a way to get their trucks to the rig.”

County Judge Mark Riley warned that if a financial instrument is selected to bolster the road and bridge fund, the Court will need to be specific about how the money is used. Commissioners agreed to revisit the issue during a future meeting.

King Gives His View on Session

June 10, 2007

Wise County Messenger

By Brian Knox

State Rep. Phil King, R-Weatherford, talked to the Decatur Rotary Club and guests Thursday about the good, the bad and the ugly of the recently completed 80th Texas legislative session.

The good, in King’s opinion, included passing legislation dealing with eminent domain issues, the state budget, the “death” of the Trans-Texas Corridor and funding for clean technology for producing electricity.

Eminent domain

King served on a committee dealing with eminent domain issues and said he heard “horror stories from across the state that would make your blood boil.”

“There were entities across the state taking excessive advantage of people,” King said. “The (Dallas) Cowboys stadium in my mind is one of them.”

Locally, he said most of the eminent domain issues deal with pipeline companies. He said the legislation will require a property owner’s bill of rights be issued to landowners in eminent domain cases.

King said that the governor is being urged to veto the bill.

State budget

King said he was proud of the state’s $150 billion budget passed by legislators which will work out to a 3.5 percent increase each year during the two-year budget period. The budget includes $7 billion in a “rainy day fund” and a $600 million tax cut through the elimination of the telecommunications infrastructure fee on phone bills.

“That is really a great budget and no new taxes,” King said. “Existing revenue will cover that.”

Toll road development

King said that Senate Bill 792 “effectively kills the Trans-Texas Corridor.” The bill will put a two-year moratorium on comprehensive development agreements.

“It prohibits any future toll roads from being owned by foreign private firms,” King said, referring to the public outcry against the use of a Spanish-American firm in the developing of the TTC.

The bill will also provide “greater public access to information” regarding toll roads.

When asked by Decatur Mayor Joe Lambert how the state could address the need to ease traffic congestion, King said he likes a plan to expand U.S. 281, a road that runs nearly parallel to Interstate 35 about 50 miles west.

Clean energy

King explained that the reason electricity prices are so high in Texas is because most of the electricity is produced from the burning of natural gas. With gas prices high, that creates high prices for electricity.

He said a $30 million incentive fund for research and development of clean technology for producing electricity has been created to help ease that burden.

The use of nuclear power, for example, would not cost a penny to generate electricity, he said.

“These (nuclear power plants) are safe. They are building them all over the world except in America because frankly we wimped out to all the environmental folks over the past 30 years. It’s the cleanest and cheapest form of electricity out there,” he said.


The bad included some items King wants to see the governor veto such as a tax reform bill. It also included other legislative items he wanted to see made into law which didn’t pass, such as requiring voters to show photo identification and homeland security legislation.

Photo identification to vote

In response to evidence of voter fraud, King said he worked to get a bill passed which would have required voters to show a photo identification.

King said he checked with the state’s most populous counties and found that thousands of people had been removed from the voter rolls because they were not U.S. citizens. Many of those people were discovered when they were called to jury duty.

“If that many were found by accident, then you’ve got to assume there are tens of thousands of more that are on there who are not U.S. citizens but are registered to vote,” he said.

That led to some “ugly” moments of the session. “We were called bigots, that (we) were doing this to suppress minorities or others from being able to vote. That wasn’t the case at all. We were trying to protect the integrity of the voting system. You can’t rent a movie without showing a photo ID. It’s ridiculous to think that you should be able to exercise our highest right in the land without going in there and showing a photo ID.”

The bill passed the house but not the senate.

King said he filed a bill which would have required the secretary of state to verify U.S. citizenship when a person registers to vote.

Homeland security

King said the state legislature’s hands were tied in many ways when it came to border security.

“We looked hard trying to find things we could do, but it’s a federal issue,” he said.

“For the life of me, I don’t understand why we don’t have tens of thousands of troops at the border.”

Legislators were unsuccessful, King said, in passing a border crime initiative bill which would have prohibited some cities from providing “safe harbor” for non-U.S. citizens. Some cities now do not let officers arrest anyone on an illegal immigration offense, he said.

Tax reform

King said he hopes the governor will veto a bill which revises the franchise tax.

“I think it still puts too much pressure on small businesses and provides too many loopholes for the larger entities which we are trying to close,” he said.

Good news, bad news

June 10, 2007

Wise County Messenger

Phil King

Recently I have been hearing questions about whether or not the Barnett Shale was really good for anyone other than the mineral owners and oil and gas companies in Texas. The Barnett Shale does bring both good news and bad news to Parker County.

On the good side, the economic impact of the Barnett Shale can most noticeably be seen in the estimated 108,000 Texans with jobs related to the gas boom. A recent study by the Perryman Group, an economic and financial analysis firm, identified that the economic impact of the Barnett Shale play will be responsible for $10.8 billion in economic output each year.

The bad side is, of course, the stress on our roadways from wear and tear, increased truck traffic, increased accidents involving large trucks, the expansive new pipelines and the general noise and nuisance near drilling locations. To counter the negatives that come along with all of the drilling and increased traffic on our roads, this past legislative session I authored several pieces of legislation.

I authored an amendment to H.B. 2982 that will bring the tax revenue from portable drilling rigs into the counties where the rigs are actually being used, instead of their principle place of business (most companies are based in Houston). We secured funds for increased truck inspectors in the DPS budget which will help ensure that the trucks traveling on our roads are safe and following the law. I authored provisions of the eminent domain bill, H.B. 2006, which has several landowner protections to help protect the private property rights of residents dealing with common carrier pipeline companies. I also authored and passed H.B. 630, a bill that requires drilling companies to give notice to surface landowners before they come on to begin drilling.

I also carried a bill in the House, S.B. 1983, which will create, pending voter approval in November, the Upper Trinity Groundwater Conservation District. The district will have the unique power to regulate water wells that are used to drill and frac gas wells through spacing and reporting requirements. The district will be funded through permit fees on commercial (non-agricultural and non-residential) wells. The district would be the only groundwater district in the state to have these powers over gas producers.

As you can see there are great benefits to having responsible drilling taking place in our county, but it is also important that the drilling companies carry their share of the load and not leave the taxpayers with the burden of repairing the roads that they benefit from using. I hope that the Legislature’s efforts will help to elevate concerns for our county road system while helping to provide a free market approach to continuing to grow job opportunities in our community.

The Perryman Report can be downloaded as a PDF here.

Phil King
State representative
District 61
Weatherford

King Secures Additional DPS Troopers for Wise County

June 8, 2007

Contact Information:
(817)596-8100

Austin – State Representative Phil King (R-Weatherford) announced today that Wise County will be receiving one new Sergeant and two new Commercial Vehicle Enforcement (CVE) Officers from the Department of Public Safety this year.

King met with DPS Director, Colonel Tommy Davis, during the legislative session to discuss the high number of truck related traffic accidents in Wise County. Colonel Davis committed to deploy additional DPS resources. King then worked with the House Appropriations Committee to obtain funding for the new positions.

King stated, “This is great news. We’ve have so many trucks on the road in Wise County. There’s just no margin for error. We have to reduce these accidents. Wise County has the fourth highest rate of truck related fatalities in the state.”

King went on to explain that the troopers will be operating the new weigh station on Highway 114 outside of Bridgeport and conducting safety inspections throughout the county. Construction on the new weigh station begins July 23rd. The new troopers will be stationed out of the Decatur DPS office.

Bill Lowering Electric Rates and Protecting Consumers Lost

May 29, 2007

Contact Information:
(817)596-8100

Austin – An expansive bill that would have lowered retail electric rates and increased consumer protections was killed on a hyper-technical procedural motion on Monday night. SB 482, sponsored by Representative Phil King (R-Weatherford), included a process to scrutinize the pending $45 billion buy-out of TXU by private investors.

King said, “Over two thirds of the House voted for this legislation last night. It is disappointing that one member chose to kill this bill, which provided rate reductions for electric bills, real consumer protections, and more stringent oversight of public utility buy-outs.”

SB 482 would have:

  • Guaranteed a rate cut for customers on the highest rates in Texas
  • Authorized the PUC to review rates and adjust them if they rise unjustifiably
  • Protected consumers by:
    • eliminating the use of credit scoring
    • protecting critical care, elderly low-income, and low-income customers from disconnection who enter into five month deferred payment plans
    • prohibiting disconnection of any customer on any day when the temperature is below freezing or above 100 degrees
    • eliminating deposits for service for elderly low-income customers
    • barring deposits for electric service for customers with 12 months of positive bill payment history
    • eliminating deceptive advertising by utilities with regard to the level of service a customer will receive by selecting the incumbent retail electric provider
    • eliminating any cancellation fees for month-to-month contracts for electricity
  • Required the functional separation of TXU into four smaller companies and forced each of these companies to:
    • use separate and distinct names and logos
    • operate under exclusive boards of directors with no overlap
    • retain separate officers with no overlap
    • maintain separate headquarters, operations facilities and other office space
    • maintain arm’s length relationships and not share any information among the several companies that could be used to manipulate the market or exercise market power abuse
    • adhere to an enhanced PUC code of conduct in all business transactions with their respective companies
    • require preparation of separate financial statements
    • provide the PUC complete access to all books and records
    • mandate that each CEO sign an affidavit of compliance yearly under threat of felony prosecution
    • Prevented TXU from shifting debt onto the ratepayer-funded wires and poles company.
  • Accelerated retail competition by requiring affiliated retail electric providers (TXU, Reliant and Direct Energy) to gain customers outside their service territory or face fines. The fines will be used to fund any unfunded portion of the System Benefit Fund.
  • Allowed monies appropriated for the System Benefit Fund to be used for its intended purpose and expanding eligibility for low income discounts on electricity.
  • Increased the authority of the PUC to investigate and punish market power abuse. Specifically, the PUC would have now had the ability to assess fines of up to one million dollars a day or treble damages.

“Consumers are going to be hurt because SB 482 was killed. It is a shame when petty partisan differences stand in the way of good public policy,” explained King.

King did proclaim a victory with the last minute passage of HB 624 and HB 1386. HB 624 , the last bill passed by the Legislature, empowers the state to enforce the commitments made to consumers by KKR, the buyers of TXU. These commitments (see following pages) required of KKR are very substantial and provide many protections demanded by legislators and consumer groups. The bill also gives the PUC oversight of future sales of certain electric utilities.

HB 1386 opens the door for construction of nuclear power plants in Texas, which will provide clean, less expensive electricity.

You can view SB 482 online here.

You can view HB 624 online here.

You can view HB 1386 online here.

Commitments Enforced by HB 624:

  • Name Change Commitment – TEF committed to changing the name of TXU Electric Delivery Company to Oncor Electric Delivery Company on or before closing of the transaction. And, in fact, the name of TXU Electric Delivery Company was changed to Oncor Electric Delivery Company on April 24, 2007. Oncor’s logo will be separate and distinct from the logos of the parent, TXU Corp., the retail electric provider, which will retain the TXU Energy name (TXU Energy Retail), and the power generation company, which we expect to rename with the Luminant Energy brand. TXU Corp. commits to maintaining a name and logo for Oncor that is separate and distinct from the names of TXU Corp.’s retail electric provider and wholesale generation companies.
  • Separate Board Commitment – At closing and thereafter, Oncor will have a separate board of directors that will not include any members from the boards of directors of TXU Energy Retail or Luminant.
  • Separate Headquarters Commitment – Within a reasonable transition period after closing of the transaction, not to exceed 6 months, Oncor’s headquarters will be located in a separate building from the headquarters and operations of TXU Energy Retail and Luminant.
  • No Transaction-Related Debt at Oncor Commitment – Oncor will not incur, guaranty or pledge assets in respect of any incremental new debt related to financing the transaction at the closing or thereafter. Oncor’s financial integrity will be protected from the separate operations of TXU Energy Retail and Luminant.
  • Debt-to-Equity Ratio Commitment – Oncor’s debt will be limited so that is regulatory debt-to-equity ratio is at or below the assumed debt-to-equity ratio established from time to time by the PUC for ratemaking purposes, which is currently set at 60% debt to 40% equity. For ratemaking purposes, in its scheduled rate cases in 2007 and 2008, Oncor will support a cost of debt that does not exceed Oncor’s actual cost of debt immediately prior to the announcement of the transaction.
  • Capital Expenditure Commitment – Following the closing of the transaction, Oncor will continue to make capital expenditures consistent with the capital expenditures in Oncor’s business plan. Total capital spending will depend in part on economic and population growth in Texas, as well as permitting and sitting outcomes. However, in any event, over the five years following the year in which closing of the transaction occurs, Oncor will make capital expenditures in connection with its transmission and distribution business in an aggregate amount of more than $3.0 billion.
  • DSM/Energy Efficiency Commitment – Over the five years following the year in which closing occurs, subsidiaries of TXU Corp. will expend an aggregate of at least $200 million on demand-side management/energy efficiency programs (DSM) over the amount included by the PUC in Oncor’s rates. This commitment will approximately double the level of spending on DSM currently included in Oncor’s rates. Oncor will not seek to recover in rates any of the $200 million in incremental DSM expenditures.
  • Service and Safety Commitment – Oncor will support the inclusion of negotiated commitments with appropriate stakeholders regarding reliability, customer service and employee safety in any final order regarding the transaction issued pursuant to PURA Section 14.101.
  • Rate Case Commitment – If, for any reason, the PUC has not initiated a general rate proceeding for Oncor or its predecessor prior to July 1, 2008, Oncor will not later than that date file a general rate case at the PUC, consistent with its currently effective settlement agreement with certain municipalities.
  • Continued Ownership Commitment – TEF will hold a majority of its ownership interest in Oncor, in the current regulatory system, for a period of more than five years after the closing date of the transaction.
  • Holding Company Commitment – A new holding company, Oncor Electric Delivery Holdings, will be formed between TXU Corp. and Oncor.
  • Independent Board Commitment – Each of Oncor Electric Delivery Holdings and Oncor will have a board of directors comprised of at least nine persons. A majority of the board members of each of Oncor Electric Delivery Holdings and Oncor will qualify as “independent” in all material respects in accordance with the rules and regulations of the New York Stock Exchange, from TXU Corp. and its subsidiaries (including TXU Energy Retail and Luminant), TPG and KKR. Consistent with TEF’s commitments, the directors of Oncor and Oncor Electric Delivery Holdings will also not include any members from the boards of directors of TXU Energy Retail or Luminant.
  • Affiliate Asset Transfer Commitment – Neither Oncor Electric Delivery Holdings nor Oncor will transfer any material assets or facilities to any affiliates (other than Oncor Electric Delivery Holdings, Oncor and their subsidiaries), other than such transfer that is on an arm’s length basis consistent with the PUC’s affiliate standards applicable to Oncor, regardless of whether such affiliate standards would apply to the particular transaction.
  • Arm’s Length Relationship Commitment – Oncor Electric Delivery Holdings and Oncor will maintain an arm’s length relationship with TXU Corp. and its subsidiaries (other than Oncor Electric Delivery Holdings, Oncor and their subsidiaries) consistent with the PUC’s affiliate standards applicable to Oncor.
  • Separate Books and Records Commitment – Oncor Electric Delivery Holdings and Oncor will maintain accurate and appropriate detailed books, financial records and accounts, including checking and other bank accounts, and custodial and other securities safekeeping accounts that are separate and distinct from those of any other entity.
  • Ten Percent Price Cut – As a result of the transaction, TXU Energy Retail will provide a 10 percent price reduction (applicable to certain residential rates that were in effect on December 31, 2006) for residential customers in its traditional service area who have not already selected one of TXU Energy Retail’s lower priced offers. Additionally, TXU Energy Retail customers entitled to receive the two remaining customer appreciation bonus payments of $25 per quarter will receive those payments.
  • Five Year TXU Corp. Investment Commitment – In the current regulatory system, the investor group will commit to hold a majority of its ownership in TXU Corp. for more than five years after the transaction closes.
  • Coal Unit Commitment – The planned coal units will be reduced from 11 to three. Plans to build the other eight coal units have been suspended and will be cancelled when the transaction is closed.
  • Emerging Technologies Commitment – Significant resources will be invested in emerging energy technologies, such as integrated gasification combined cycle coal plants, including an increased commitment to renewable energy.

King Co-Sponsors Sudan Divestment Legislation

May 16, 2007

Contact Information:
(817)596-8100

Austin – Senate Bill 247, the “Stop the Darfur Genocide Act”, which Representative Phil King (R-Weatherford) was a co-sponsor of, passed the Texas House of Representatives unanimously today. The bill has already cleared the Texas Senate and is on its way to the Governor’s desk, pending a procedural vote tomorrow. Governor Perry endorsed the targeted divestment legislation in his inaugural address and State of the State speech.

SB 247 would require the Teacher Retirement System of Texas (TRS) and the Employee Retirement System of Texas (ERS) to engage and possibly divest from certain companies doing business in Sudan who substantially benefit the central government, provide little benefit to Sudan’s citizens, and who have failed to address their role in indirectly facilitating Sudan’s genocide.

With an approximate value of $426 million in targeted fund holdings, the financial impact of the divestment effort on the Sudanese government is substantial. The amount represents about 0.59% of the assets under management by ERS & TRS.

Rep. Phil King said, “Texans will not stand for their money be used to facilitate genocide. Today the Texas House passed a bill that will send that message loud and clear.”

Mark Hanis, Executive Director of the Genocide Intervention Network, said, “today’s actions by the Texas House of Representatives, combined with overwhelming bi-partisan support for Senate Bill 247, establish the state of Texas as a leader in the fight against the first genocide of the 21st Century. Texans should be proud to help lead the world in making ‘Never Again’ a reality.”

King Votes to Support Border Security Bill

May 9, 2007

Contact Information:
(817)596-8100

H.B. 13 provides more than $100 million to Texas Homeland and Border Security

Austin – On Monday, the Texas House of Representatives gave approval to HB 13, a bill which provides more than $100 million dollars for measures designed to beef up Texas border security. The bill, which has six major provisions that strengthen homeland and border security, now heads for the Texas Senate for approval.

Representative King (R-Weatherford) said, “With crime, drug lords, and human trafficking running rampant, Texans are rightly concerned about security along our 1,200 mile international border with Mexico. HB 13 represents a solid commitment to fighting crime and illegal immigration.”

HB 13 creates the State Office Of Homeland Security under the Office of the Governor. The bill models previous border security operations which have proven successful, such as Operation Wrangler III which decreased crime by 30 percent in just 30 days.

The legislation creates a Border Security Council which will oversee how homeland and border security funds are allocated. Under the bill, local law enforcement departments are permitted to help enforce immigration laws, and the bill prevents any illegal alien “sanctuary city” from receiving funding.

King said, “Although we live hundreds of miles away from the Texas border, Parker and Wise Counties residents feel the impact of a porous border on a daily basis. As a former police officer, I am proud to support our law enforcement personnel who are fighting a very tough battle along the border. They must have our full support.”

House Adopts King Measure to Protect Landowners from Abuses by Pipeline Eminent Domain

May 4, 2007

Contact Information:
(817)596-8100

King Property Rights Measures also included in Landowner’s Bill of Rights Act

Austin – On Thursday and Friday, the Texas House of Representatives gave approval to two key bills protecting the property rights of Texas citizens. Both bills included provisions authored by Rep. Phil King (R-Weatherford) which provide procedural safeguards to the condemnation process governing pipeline companies.

King stated, “While the Barnett Shale natural gas boom has brought numerous benefits to Parker and Wise counties, it has also demonstrated the need for more fairness in how citizens are treated when pipelines must be built. Property rights are sacred, and currently landowners don’t receive a shred of information about their rights and options when their property faces condemnation. My legislation levels the playing field between landowners and pipeline companies.”

C.S.H.B. 1659, authored by King, proposes to implement new procedural safeguards on behalf of a property owner who is having his property condemned by a common carrier pipeline. The measures provide for a property owner to receive notice of the intent of the common carrier to initiate the condemnation, fair notice of the scheduled hearing on the condemnation, the ability to object to a commissioner who may have a conflict of interest, and a reasonable delay to prepare for the condemnation proceeding.

C.S.H.B. 1659 was adopted by the Texas House on Friday. Additionally, the bill was included as an amendment to H.B. 1495, which passed the House on Thursday. H.B. 1495, formally entitled the “Landowner’s Bill of Rights Act”, provides landowners with full notice of their rights and options during the condemnation process. Representative King was a co-author of that act.

As approved by the House, the Landowner’s Bill of Rights Act requires that governmental entities seeking to condemn private property provide affected landowners with a “Landowner’s Bill of Rights” statement. The statement provided must inform landowners of their rights to notice, fair negotiation, compensation, and to appeal a condemnation judgment. The written statement must also describe the condemnation process, the condemning entity’s obligations throughout the condemnation process, and the landowner’s available options.

“The Landowner Bill of Rights Act provides essential protections and valuable information to Texas property owners before the condemnation process begins,” said Nathan Rhea, representing the Property Rights Organization of Texas. “Being fully informed on your options is critical to protecting property rights.”

King added, “The fact that someone’s home may be condemned through the power of eminent domain should not be hidden in fine print that can only be deciphered by a lawyer. This Act requires that landowners affected by a proposed condemnation receive a fair and easy to read explanation of their rights and the condemnation process.”

Both bills will now go on to the Senate to be debated next week.

House Passes King’s Bill Requiring Proof of Citizenship to Vote

May 2, 2007

Contact Information:
(817)596-8100

Austin – The House of Representatives passed a bill authored by State Representative Phil King (R-Weatherford) which requires that those who wish to register to vote in Texas must first have their citizenship verified. Yesterday, the bill passed on an initial vote of 89-57 and today received a 88-56 vote on final passage.

King explained, “H.B. 626 is about protecting voter rights and ensuring the integrity of our elections. This bill will help ensure that the votes of U.S. Citizens are not cancelled out by those who vote illegally.”

H.B. 626 requires that applicants born in the United States must provide their city, county, and state of birth on the application form. Applicants born outside of the United States must provide the date and place of their oath of naturalization. With that information, the Texas Secretary of State will electronically verify the citizenship of the applicant in the same manner that they currently verify the applicant’s driver’s license number and/or social security number.

King went on to say, “Under current law, an applicant can check a box which says that they are a citizen, but there is no verification of that claim. H.B. 626 would require that a person’s citizenship actually be verified before they are allowed to vote. Voting is indeed a right, but a right reserved only for U.S. citizens.”

The bill will now move to the Texas Senate for consideration.

King votes to reduce property taxes by limiting appraisal creep

April 19, 2007

Weatherford Democrat

Special to the Democrat

Austin — State Representative Phil King (R-Weatherford), a longtime supporter of reducing property taxes, cast his vote Tuesday for H.B. 216, a bill that will slow burdensome “appraisal creep” that impacts Texas homeowners.

“We are moving to protect families in Parker and Wise counties that have seen increases in appraisal values during recent years,” Phil King said.

“This legislation is a key part of continuing efforts to solve the problem of appraisal creep.” Current state law appraises property at levels greater than market value in order to meet unreasonable government formulas. This new legislation helps correct this problem by reducing the upward pressure on appraisals that have burdened property owners.

“Texas legislators are working now to protect Texans from future increases in property taxes,” King said. “I am proud to support positive public policy that helps all Texans.” H.B. 216 was passed by the full House Tuesday and awaits action by the Texas Senate.