{"id":39754,"date":"2015-02-12T10:19:27","date_gmt":"2015-02-12T16:19:27","guid":{"rendered":"http:\/\/stateimpact.npr.org\/texas\/?p=39754"},"modified":"2015-02-12T10:23:01","modified_gmt":"2015-02-12T16:23:01","slug":"how-texas-challenges-the-power-of-cities-and-their-citizens","status":"publish","type":"post","link":"https:\/\/stateimpact.npr.org\/texas\/2015\/02\/12\/how-texas-challenges-the-power-of-cities-and-their-citizens\/","title":{"rendered":"How Texas Challenges The Power Of Cities And Their Citizens"},"content":{"rendered":"<div id=\"attachment_39757\"  class=\"wp-caption module image right\" style=\"max-width: 300px;\"><a class=\"fancybox\" title=\"\u201cTexas is being California-ized,\u201d Abbott said at a keynote speech he delivered January 8th to the Texas Public Policy Foundation. \" href=\"http:\/\/stateimpact.npr.org\/texas\/files\/2015\/02\/Texas_Public_Policy_Foundation_screengrab_of_Greg_Abbott-150123.jpg\" rel=\"\"><img decoding=\"async\" loading=\"lazy\" class=\"size-medium wp-image-39757\" alt=\"\u201cTexas is being California-ized,\u201d Abbott said at a keynote speech he delivered January 8th to the Texas Public Policy Foundation. \" src=\"http:\/\/stateimpact.npr.org\/texas\/files\/2015\/02\/Texas_Public_Policy_Foundation_screengrab_of_Greg_Abbott-150123-300x177.jpg\" width=\"300\" height=\"177\" srcset=\"https:\/\/stateimpact.npr.org\/texas\/files\/2015\/02\/Texas_Public_Policy_Foundation_screengrab_of_Greg_Abbott-150123-300x177.jpg 300w, https:\/\/stateimpact.npr.org\/texas\/files\/2015\/02\/Texas_Public_Policy_Foundation_screengrab_of_Greg_Abbott-150123.jpg 618w\" sizes=\"(max-width: 300px) 100vw, 300px\" \/><\/a><p class=\"wp-media-credit\">Screengrab from the video.<\/p><p class=\"wp-caption-text\">\u201cTexas is being California-ized,\u201d Abbott said at a keynote speech he delivered January 8th to the Texas Public Policy Foundation.<\/p><\/div>\n<p>In a speech last month, Governor Greg Abbott said his state was becoming more like California because cities are banning things like fracking or the cutting down of trees. The Texas Legislature may soon debate passing laws to stop those local initiatives. But is that so new?<\/p>\n<p>When Governor Abbott\u00a0<a href=\"http:\/\/www.houstonpublicmedia.org\/news\/environmentalist-may-launch-legal-challenge-to-texas-underfunding-environmental-agency\/\" target=\"_blank\">expressed dismay at what city governments and their citizens were doing<\/a>\u00a0in his state, it might have struck some observers of Texas politics as nothing new. Because for years now, the state of Texas has been challenging the power of the cities of Texas and of individual Texans.<\/p>\n<p>But who exactly would want to do that and why?<\/p>\n<p>We looked for answers at the statehouse. It\u2019s where last spring the issue came up in a public hearing held by the House Committee on Environmental Regulation.<\/p>\n<p>\u201cI\u2019d like to tell you our story,\u201d said Lesley Carey shortly after she took the podium in front of the committee.<\/p>\n<p><!--more--><\/p>\n<p><iframe loading=\"lazy\" src=\"https:\/\/w.soundcloud.com\/player\/?url=https%3A\/\/api.soundcloud.com\/tracks\/190314809&amp;color=ff5500&amp;auto_play=false&amp;hide_related=false&amp;show_comments=true&amp;show_user=true&amp;show_reposts=false\" height=\"166\" width=\"100%\" frameborder=\"no\" scrolling=\"no\"><\/iframe>Carey wanted lawmakers to know how her family used a state law to challenge a big company. The company wanted to truck sewage sludge 70 miles from Houston to a site adjacent to their land in Colorado County.<\/p>\n<p>\u201cThrough the contested case process we were given a voice,\u201d Carey said.<\/p>\n<p>A voice through what\u2019s called a\u00a0<a href=\"https:\/\/www.tceq.texas.gov\/agency\/working-with-us\/permitting-participation\/pub_part.html\">contested case hearing<\/a>. It meant her family could challenge or \u201ccontest\u201d the company\u2019s application for a pollution permit issued by the state.<\/p>\n<p>Carey said her family uncovered evidence \u2014 evidence she said was unknown to state regulators \u2014 that showed that storm runoff from the proposed sludge site could contaminate a nearby lake. In the end, the company withdrew its application.<\/p>\n<p><div class=\"related-content alignleft\"><h4 class=\"related-header\">Related<\/h4><div class=\"links\"><h5>Posts<\/h5><ul><li class=\"link\"><a href=\"http:\/\/stateimpact.npr.org\/texas\/2014\/11\/06\/denton-voted-to-ban-fracking-so-now-what\/\">Denton Voted To Ban Fracking. So Now What?<\/a><\/li><li class=\"link\"><a href=\"http:\/\/stateimpact.npr.org\/texas\/2014\/11\/05\/voters-cast-ballots-in-first-ever-push-to-ban-fracking-in-texas\/\">Voters Pass First Local Fracking Ban in Texas<\/a><\/li><li class=\"link\"><a href=\"http:\/\/stateimpact.npr.org\/texas\/2014\/11\/04\/amid-oil-boom-texas-votes-on-who-holds-the-reigns-of-regulation\/\">Amid Oil Boom, Texas Votes On Who Holds the Reins of Regulation<\/a><\/li><\/ul><\/div><div class=\"topics\"><h5>Topics<\/h5><p class=\"topic\"><img class=\"alignleft\" src=\"http:\/\/stateimpact.npr.org\/texas\/files\/2014\/01\/520A4026.jpg\" height=\"60\" width=\"60\" \/><a href=\"http:\/\/stateimpact.npr.org\/texas\/topic\/railroad-commission-of-texas\/\">What is the Railroad Commission of Texas?<\/a><\/p><\/div><\/div>Lesley Carey and her family had prevailed and possibly protected their lake from pollution. But this all happened 10 years ago; why did she drive the 100 miles to Austin to tell her story now?<\/p>\n<p>\u201cI understand industry wants to shorten this entire process if not do away with some of it,\u201d Carey told the committee.<\/p>\n<p>That\u2019s what the hearing was about: Lawmakers were looking into complaints from companies that those contested case hearings were costing them time and money.<\/p>\n<p>\u201cIn Texas, this contested case can extend the process up to a year,\u201d said David Wise.<\/p>\n<p>Wise was with Shintech, a Houston company that was looking for a place to build a billion dollar petrochemical plant. He got the attention of lawmakers when he told them that just across the state border in Louisiana the permit process could be a lot quicker, maybe months quicker. Wise said they weren\u2019t asking Texas for weaker pollution regulation, just a process with more certainty.<\/p>\n<p>And local people can add uncertainty.<\/p>\n<p>At another meeting last year in Austin, the Railroad Commission of Texas which regulates the natural gas industry was considering a proposal backed by gas utility companies. It would make changes to how cities could challenge those companies when they wanted to raise prices.<\/p>\n<p>One after another, city mayors told the three members of the Railroad Commission it was an attack on their power.<\/p>\n<p>\u201cThe proposed rule changes would silence them, moving all decisions to Austin where only the industry lawyers and lobbyists have a real voice,\u201d said Jim Gerlt, the mayor pro tem of Lubbock.<\/p>\n<p>That\u2019s not just his opinion about who gets heard:\u00a0<a href=\"https:\/\/www.sunset.texas.gov\/public\/uploads\/files\/reports\/Railroad%20Commission%20Staff%20Report%202013%2083rd%20Leg_0.pdf\" target=\"_blank\">an independent review panel<\/a>\u00a0found that campaign contributions from the utility industry to the campaigns of the commission members could \u201ccreate the perception of bias\u201d in favor of the companies.<\/p>\n<p>One of the three Railroad Commission members, Barry Smitherman, interrupted Gerlt as he responded to questions.<\/p>\n<p>\u201cI think you\u2019re confused. We\u2019re not attempting to take away your original jurisdiction,\u201d said Smitherman.<\/p>\n<p>Oh yes you are, said the mayors. But in the end, the commissioners voted against the cities and for the change the big utility companies had wanted.<\/p>\n<p>The Texas legislature is now back in session. A number of\u00a0<a href=\"http:\/\/openstates.org\/tx\/bills\/84\/HB540\/\" target=\"_blank\">bills<\/a>\u00a0have already been introduced \u2014 and more are expected \u2014 that would\u00a0<a href=\"https:\/\/legiscan.com\/TX\/bill\/HB1113\/2015\" target=\"_blank\">challenge<\/a>\u00a0the power of cities and citizens. Lawmakers will have to decide who gets a voice in Texas.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>In a speech last month, Governor Greg Abbott said his state was becoming more like California because cities are banning things like fracking or the cutting down of trees. The Texas Legislature may soon debate passing laws to stop those local initiatives. But is that so new? When Governor Abbott\u00a0expressed dismay at what city governments [&hellip;]<\/p>\n","protected":false},"author":53,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[60],"tags":[375],"acf":[],"_links":{"self":[{"href":"https:\/\/stateimpact.npr.org\/texas\/wp-json\/wp\/v2\/posts\/39754"}],"collection":[{"href":"https:\/\/stateimpact.npr.org\/texas\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/stateimpact.npr.org\/texas\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/stateimpact.npr.org\/texas\/wp-json\/wp\/v2\/users\/53"}],"replies":[{"embeddable":true,"href":"https:\/\/stateimpact.npr.org\/texas\/wp-json\/wp\/v2\/comments?post=39754"}],"version-history":[{"count":10,"href":"https:\/\/stateimpact.npr.org\/texas\/wp-json\/wp\/v2\/posts\/39754\/revisions"}],"predecessor-version":[{"id":39766,"href":"https:\/\/stateimpact.npr.org\/texas\/wp-json\/wp\/v2\/posts\/39754\/revisions\/39766"}],"wp:attachment":[{"href":"https:\/\/stateimpact.npr.org\/texas\/wp-json\/wp\/v2\/media?parent=39754"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/stateimpact.npr.org\/texas\/wp-json\/wp\/v2\/categories?post=39754"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/stateimpact.npr.org\/texas\/wp-json\/wp\/v2\/tags?post=39754"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}