Should the Galveston County Commissioners Court be granted expanded power to enact ordinances regulating things such as flood control, nuisance abatement, transportation and public safety in unincorporated areas, in much the same way cities do within their limits?
The court intends to lobby for that power during the legislature’s regular session, which begins Tuesday and runs through May, according to the county’s list of priorities.
How residents of the county’s unincorporated areas would answer that question likely depends on their circumstances.
People who live in the county because they want to be left alone to do more or less as they see fit on and with their own property likely will oppose it; people living beside an unrelated salvage yard or beside a neighbor who’s building a giant, looming cube of a McMansion from property line to properly line might support it.
Constituents living near Santa Fe who oppose a developer’s plan to build a 300-unit housing project seem to be among the main impetuses behind the lobbying effort.
That development by Live Lone Star LLC caused consternation among neighbors who fear it would increase flooding along Dickinson Bayou and cause traffic problems on Country Side Street, a two-lane road providing the only route in and out of the new development.
Opponents appealed to the county to intervene, but learned it has very little power to do so.
The local debate about the county’s lobbying effort will be interesting.
So will observing the commissioners court, which is made up mostly of small-government conservatives, arguing for more power to restrain private property rights in service of the common good.
It’s a long, frequently strange, trip from a list of legislative priorities to the floor of the Texas Legislature, so the county’s ask is mostly an idea at this point.
But assuming the county’s request survives the many detours, pitfalls and blind alleys where muggings might occur, it will be interesting to observe the legislature’s attitude toward it.
While county leaders might be inclined toward an orthodox reading of the property rights gospels, state leaders are absolutely rabid about it.
They have opposed, impeded and litigated over municipal attempts to regulate plastic bags and short-term rentals, to preserve trees and to keep fracking rigs out of city parks, to name a few.
In 2017, while addressing Conservative Coalition Research Institute, an Austin-based think tank, Gov. Greg Abbott expressed his disdain for the “patchwork of local regulations,” existing in Texas because local governments have ordinance power and described his vision of a better way.
“As opposed to the state having to take multiple rifle-shot approaches at overriding local regulations, I think a broad-based law by the state of Texas that says, across the board, the state is going to preempt local regulations, is a superior approach,” Abbott said.
The question wasn’t even whether the state should override local regulations, that was a given, but how to most efficiently do that.
And then he went off on a riff about the power and beauty of the individual.
“If you really want to talk about local control, you reduce it to the lowest common denominator and that is the individual. We retain the right as individuals for our own local control, for each of us, to be able to chart our own course, chart our own destiny based upon our own DNA.”
That, of course must include operating a salvage yard as your own personal character deems fit and piling dirt as tall as your personal road map to the future might demand, consequences on people downstream be damned.
Are state lawmakers likely to embrace this effort to exercise greater local control over what people, and corporations, do with the property they own in the county?
“As opposed to the state having to take multiple rifle-shot approaches at overriding local regulations, I think a broad-based law by the state of Texas that says, across the board, the state is going to preempt local regulations, is a superior approach,” Abbott said.
Sounds like the governor is looking to usurp the rights of locals, once again. All hail Governor Abbott!
State rights are spelled out in the US constitution. Local rights are up to the whim of the state legislature and/or governor, depending on what's in each state constitution. But yes, the irony of an executive branch that is constantly suing the feds for overreach while simultaneously overruling any local ordinance it doesn't like is pretty glaring.
"State rights are spelled out in the US constitution." Actually, Federal rights and duties are spelled out in the Constitution. What isn't there belongs to the states or the people as we saw in the Dobbs decision. But not being in the Constitution never stopped Liberals.[rolleyes]
These landowners in “unincorporated” Santa Fe who oppose this 300 unit subdivision had a chance to become part of “incorporated” Santa Fe but where opposed to it and convinced several city council members to vote against the city’s annexation plans. Now I find it rich that they want the protections afforded by a local jurisdiction (a city), that they were angrily opposed to in the first place.
I just formed an single member Santa Fe-based think tank, and we think that you can just “go pound sand”.
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“As opposed to the state having to take multiple rifle-shot approaches at overriding local regulations, I think a broad-based law by the state of Texas that says, across the board, the state is going to preempt local regulations, is a superior approach,” Abbott said.
Sounds like the governor is looking to usurp the rights of locals, once again. All hail Governor Abbott!
Following Abbot's logic, shouldn't the federal government abolish the rights of the states?
State rights are spelled out in the US constitution. Local rights are up to the whim of the state legislature and/or governor, depending on what's in each state constitution. But yes, the irony of an executive branch that is constantly suing the feds for overreach while simultaneously overruling any local ordinance it doesn't like is pretty glaring.
"State rights are spelled out in the US constitution." Actually, Federal rights and duties are spelled out in the Constitution. What isn't there belongs to the states or the people as we saw in the Dobbs decision. But not being in the Constitution never stopped Liberals.[rolleyes]
These landowners in “unincorporated” Santa Fe who oppose this 300 unit subdivision had a chance to become part of “incorporated” Santa Fe but where opposed to it and convinced several city council members to vote against the city’s annexation plans. Now I find it rich that they want the protections afforded by a local jurisdiction (a city), that they were angrily opposed to in the first place.
I just formed an single member Santa Fe-based think tank, and we think that you can just “go pound sand”.
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