Tx. House Dist. 17 candidates respond

September 21st, 2010

Bastrop-News.com recently asked Republican and Democratic candidates for Texas House Dist. 17 to answer questions of general interest to voters in the Nov. 2 general election. The questions were prepared and submitted by Doran Williams.

Both Republican Tim Klienschmidt, the incumbent seeking a second term, and Democratic challenger Pati Jacobs responded. Klienschmidt is a lawyer whose office is in Giddings. Jacobs is a partner in Bastrop Cattle Co. in Cedar Creek.

What follows are the questions and answers proved by Klienschmidt. The next set of answers are from Jacobs. In each case the questions are identical and in the same order.

–Editor Davis McAuley

GENERAL QUESTIONS

1. What are the most cr itical, or pressing issues for District 17? How do you propose to deal with these issues as a Legislator?

TK: The most critical issues the citizens of District 17 face today are:
a) the current recession, including job loss and loss of income—which should be addressed by controlling the spending of local, state and federal governments, as well as decreasing taxes and governmental fees on our citizens to increase monies available to families and the private sector for business growth and job creation.
b) the rapidly increasing cost of medical care—which should be addressed by defeating Obamacare, continuing to protect the medical profession from needless lawsuits, and expanding the availability of private health insurance.
c) controlling illegal immigration—which should be addressed by increased pressure on the federal government to fulfill its obligations and protect our borders and by increased action by the State of Texas, if necessary.
d) dealing with the growth of our area—which should address the wise use of our natural resources, including our land, water and protection of our air quality.

TEXAS ECONOMY

2. What actions would you urge the Legislature take to improve Texas= economy?
TK: SEE 1. A) above.

3. If you believe that cutting taxes will lead to improvements in Texas’ economy, which taxes would you urge the Legislature to cut? Specifically, tell us which, in your opinion, of the following taxes should be cut in order to improve Texas= economy:

TK: 1. Retail sales tax—No cut recommended
2. Gasoline/diesel fuel taxes—No cut recommended
3. Franchise taxes-Cut recommended
4. Ad valorem taxes-Cut recommended
5. Attorney occupation tax-No cut recommended
6. Other occupation taxes and licensing fees-Cut recommended
7. County fees for filing lawsuits and recording documents-No cut recommended
8. Tuition at Texas’ publicly funded colleges and universities-Cut recommended
9. Taxes on telephone and other electronic communications-No cut recommended
10. Tobacco taxes-No cut recommended

GROUND WATER AND ECONOMIC DEVELOPMENT OF DISTRICT 17

4. What actions will you as a Legislator propose or support to assure the people of District 17 that they will continue to have access to sufficient ground water to support agriculture, domestic use, wildlife, and reasonable development in the District?
TK: I will continue to support legislative action that promotes the wise use of such an important resource as our water. I will support increased studies of our groundwater system to obtain more accurate information on the desired conditions of our underground aquifers, their use and the recharge rates of those aquifers so that our citizens have sound knowledge upon which to base their opinions of the use of such an important resource. I will use all available local, state and federal law to make sure that the rights of the citizens of District 17 are protected concerning water usage.

5. Do you flatly oppose export of ground water out of District 17?
TK: Here you propose a question that uniquely affects me as the elected State Representative of District 17. From an emotional point it is easy for me to state that yes, to any extent the export of ground water harms a citizen of District 17, I flatly oppose it. As your State Representative please remember that I, and not my opponent, have sworn before God and the people of this State to uphold the laws of this great State of Texas, our federal law and both the Texas Constitution and the U.S. Constitution, and to the extent those laws and constitutions make it legal to export water from a district I am duly sworn to uphold those existing laws and constitutions.

6. In your opinion, can the export of ground water out of District 17 limit economic development in the District?
TK: Yes, such is possible.

7. Do you think there is a conflict, or tension, between economic development in District 17 and maintaining the predominantly rural character of the District? If so, describe that conflict or tension.
TK: Yes—such conflicts exist involving competition for available resources, increased burdens on our infrastructure and school systems, and an increasingly faster pace of life that most of us would rather avoid. However, I have confidence in the wonderfully talented people of District 17 to deal with such conflict successfully to allow each of us, and the businesses of the area, to grow to our/its full potential while maintaining the quality of life we enjoy in rural Texas.

8. What legislation would you support as a Legislator to assure that the predominantly rural quality of life in District 17 is not significantly degraded by developments?
TK: I will support the continued ability of our city and county governments to control growth through zoning and ordinances (which by the way already exist and are working successfully in many areas). Most counties already have subdivision ordinances which locally control development. I would continue to monitor the effectiveness of such controls. Utility districts (which are necessary for more complex developments) are already created by the legislature in order to monitor the need and appropriateness of the development of an area. I would support legislation to continue the reasonable, and within the sphere of our capitalist economic environment, control of developments as well as to increase the transparency to the local people of the processes involved in such development.

9. Do you think there is a need to change existing laws which have created and which regulate the activities and authority of ground water conservation .

TK: No, I believe the local control of groundwater is important and would trust a local group of citizens with such a duty rather than some bureaucratic board or agency from a distance.

10. In your opinion what are the most pressing issues regarding transportation in District 17– roads, railroads and aviation–and what legislation would you urge and support to address those issues?
TK: The improvement and maintenance of our road system is the most pressing transportation issue in District 17. In our rural setting we have 100s of miles of farm-to-market roads without shoulders, with inadequate passing lanes and narrow bridges that create hazards for our citizens. We have inadequate access to some of our school facilities which endangers our school children and creates inconveniences. We have many state and federal highways (FM 95 and US 21) that were never intended to carry the crush of daily traffic that such roads now experience.
I will support legislation that prevents the diversion of highway funds from the Texas Department of Transportation to increase funds available for the construction and improvement of our roads. I will support legislation that increases the transparency of TxDOT so that we the people can see how and where our tax dollars are being spent.

11. Are you satisfied with the performance of TxDOT?

TK: Not entirely—we have many dedicated and talented individuals working for Tx DOT, but to some extent TxDOT is perceived to be unresponsive to the needs and priorities of the people.

12. Did you support the Trans Texas Corridor?
TK: No, in fact I was not a member of the Texas House of Representatives when the Trans Texas Corridor legislation was passed. That was before my time. I have been one of the most outspoken opponents of the Trans Texas Corridor, and signed on to legislation to get rid of it.

13. Please tell us your definition of “mass transit” and let us know if you support mass transit as a viable alternative to more highways and roads.
TK: Mass transit involves the movement of people or good by means other than the individual transportation (ie. one at a time) of persons or goods.
I do not at this time support mass transit systems in District 17, other than those proven and efficient systems such as car pooling. The people of District 17 (myself included) are not, at this time, willing to give up the independence of our vehicles.

14. In your opinion, how should the construction of new roads and highways, and the acquisition of rights-of-way, be financed?
TK: By stopping the diversion of highway funds from TxDOT and the continued use of fuel taxes. Fuel taxes are one of the fairest means of financing roads because of the relation of the wear and tear on our roads to increased fuel usage.

15. Which do you support: Eminent domain or a market-based approach to acquire rights-of-way for the following:

1. Pipelines to transport water
2. Pipelines to transport natural gas, crude oil, and refined oil such as gasoline and diesel products
3. Pipelines to transport chemicals
4. Pipelines to transport waste water, sewage
5. Public roads and highways
6. Privately owned roads and highways
7. Electrical transmission lines
8. Airports and related infrastructure
9. Rail lines
10. Fiber optic and other information transmission lines
TK: I support a fair market based system of paying any citizen for the taking of their property by any governmental entity or subdivision of the government. I further support the payment of landowners for any decreased access caused by any act of eminent domain or condemnation. I support legislation to prevent any taking of private property for anything other than a public need. I do not want to see cities taking private property to increase sales tax revenues or allow development by means of other than a fair market sale between a willing seller and a willing buyer.
Specifically as to No. 6 above, I oppose any use of eminent domain or condemnation for the acquisition of privately owned roads or highways.

EDUCATION

16. What are the problems facing public education in Texas and what do you propose the Legislature do to solve those problems? In your response, please directly address how Texas should finance public education.
TK: Texas schools are faced with social problems primarily created by the continued and increased loss of the family structure. Social and economic pressures are making it increasingly difficult for single parent families to give their children the social skills and abilities to cope in a modern world. Such problems are evidenced by decreased discipline, truancy and an unacceptable dropout rate in Texas. I will support legislation giving teachers increased alternatives to maintain discipline in the classroom. I will support legislation providing teachers innovative means of supporting a learning environment for all children in the classroom.
Furthermore, many of the problems faced in public education have resulted from attempts to remove God from the classroom and school system. Let’s put God back in the classroom! I don’t mean to force a child to study and learn about God, I mean to permit a child to study and learn about God.
Texas should finance public education by a lesser, but continued, use of property taxes to provide a stable source of tax revenue until such time as a school finance system based upon sales tax can be developed, with a required and corresponding cessation of property taxes. Such would probably involve a cessation of property taxes on residential property with a continued property tax on business properties to some extent.

17. Please tell us which of the recent textbook selections by the State Board of Education you approve and which you do not approve.
TK: I have not had the opportunity to read the textbooks selected and feel that any comments I made would not be helpful to the public. There are literally hundreds of textbooks. The textbook selection process is a function of the State Board of Education in Texas. I will defer to their abilities to make the best decisions on instructional materials for our children and urge anyone interested in more detail to contact the State Board of Education members. They are elected officials and should be responsive to your questions.
I also urge anyone interested in examining the exhaustive textbook information available in Texas to go to the Texas Education Agency website (www.tea.state.tx) or more specifically to the textbook information at www.tea.state.tx/us/textbooks/materials.

18. In your opinion, are public school teachers in Texas adequately paid? If not, what legislation do you propose to assure they are adequately paid?
TK: Teachers are not adequately paid in Texas. We must increase teacher pay in order to attract and retain the most talented teachers available. Under the current conditions of an economic recession it may not be possible to increase teacher pay for the next budget period of the state in that we are faced with a potential 5-10% decrease in available state revenues. However, the long term goal should be to make teachers’ pay competitive with private industry.

AIR QUALITY

19. Are you satisfied with air quality in District 17? If not, state the nature of your dis-satisfaction and tell us what you as a legislator would propose or support to improve air quality in District 17.
TK: I will answer this question with a qualified “yes”, in that I feel that air quality in District 17 is currently acceptable. I definitely feel the need for continued monitoring of air quality, especially as technology and scientific data increase to determine more specifically what substances affect our health. I believe that as technological innovations are created to better monitor and clean industrial air pollutants that such should be efficiently employed to maintain and better our air quality. Primarily, as a legislator, this means continuing to support the efforts of our Texas Commission on Environmental Quality to make sure it has the resources to protect the State’s natural resources and to promote legislation that effectively protects those resources.

Pati Jacobs responded to the same questions as follows:

GENERAL

1.
A) Water
I am very much in favor of legislation to place a moratorium on inter-basin transfers. I am against the State of Texas and its tax payers financing pipelines that would allow private water marketers to profit from moving water across the state.
B) Agriculture
We should consider agriculture a 21st century industry and treat it as such. I believe there is a major shift occurring in how our food is produced, processed and distributed. This shift is to a regional structure which, if promoted and encouraged, could offer District 17 major opportunities in job creation and economic development.
C) Education
I would like to encourage more vocational training & apprenticeship programs in our district’s high schools. This could be promoted and financially supported through public-private partnerships with industry both already in the area and with industry encouragement to move here.
TEXAS ECONOMY
2.
Shift the Enterprise Fund from recruitment of “outside the state” companies to encouragement, promotion, and growth of farms already in the state. Use the funding for R&D done by companies already here.
3. I think the following taxes should be cut:
D. Ad Valorem
H. Tuition at Texas’ publicly funded colleges and universities

GROUND WATER AND ECONOMIC DEVELOPMENT IN DISTRICT 17
4. See #1 Water
5. Yes
6. Yes
7. Not inherently; smart growth such as envisioned by Opportunity Bastrop County sees and examines development guided in such a way that our rural character can be preserved. I would like to see each of the counties in this district go through the same exercise.
8. I would like to see legislation increasing the power of County Commissioner Courts such that they could guide and encourage development that is supportive of our way of life. This could be done by allowing the County Commissioners to be able to promote, with some incentives, conservation subdivisions, rain water catchment, use of gray water energy conservation, etc.
9. Long-term we will see a redefining “right of capture”, “water rights” and the differentiation of surface water versus ground water. However, for now, given the water grab that is aggressively developing and all the lobbyists who see profit in “centralizing control” in the Texas Water Development Board, I think we should back up our current districts as the first line of defense.

TRANSPORTATION
10. Roads
11. No
12. No!!!
13. Mass transit – light rail, inner-city rail – bullet trains, HOVs, buses. It will eventually be a viable option after we have exercised all others.
14. I don’t necessarily think we should be building new roads & highways. We should be repairing & upgrading the ones we currently have and this should be done with a “dedicated” gas tax.
15. Market-based approach
a. MBA
b. MBA
c. MBA
d. We should be recycling & reusing, therefore not transporting for disposal. We should be repairing and upgrading current pipelines in cities & that is a ratepayer issue.
e. Public roads and highways should thoroughly use their current right of ways before we use either approach to acquire more.
f. Private projects of any kind should never have recourse to eminent domain
g. MBA – the electrical companies need to get their acts together before they start asking the government to help them put in more transmission lines.
h. MBA
i. MBA
j. MBA

EDUCATION

16. Problems:
Too many children not graduating from high school
Too many children graduating without any skills and unable to pursue jobs
Curriculum that is too focused on tests and not to expand the minds and skills of our children

I would like to see more vocational training, apprenticeship programs and aggressive public/private partnerships to allow job development for graduating seniors.

I think there needs to be a more balanced approach on financing education. It needs to be less heavily dependent on property taxes. However, this is really a difficult issue as no one wants to pay for it, but they all want world class education.

17. I believe that the SBOE should stop being so consumed with fighting ideological battles and more concerned about making sure they are doing everything in their power to ensure that our children are receiving a world-class education.

18. No they are not, but this will be extremely difficult to address given the massive budget deficit we will be facing.

AIR QUALITY

19. I think our air quality is probably suffering in the western part of the district. This is due to urban-encroachment. I would need to study the issue further before I would suggest any possible legislation.

Bastrop police chief steps down

August 31st, 2010

Bastrop, Tx–David Board, city police chief since 2002, tendered his resignation from city employment and as chief of the department on Monday.

Board, 46, had been a Bastrop policeman since 1986. He will remain on leave without official duties until Nov. 1 when he will qualify for city retirement benefits, said an announcement today from Bastrop City Manager Mike Talbot. The city manager said Board’s resignation has been accepted and is irrevocable.

Board had been on leave since Aug. 18. The previous evening he was arrested in Austin on a drunk driving charge.
Talbot said Board was “allowed to resign” as part of a negotiated arrangement for his separation from city employment.

Talbot said a search for a new chief for the 25-member department will begin immediately. In the meantime, Assistant Chief Matt Wagner will direct the department.

Groundwater export plan draws fire

August 24th, 2010

Bastrop, Tx–The Bastrop Economic Development Corp. didn’t bat an eye Monday when asked to adopt a measure opposing the annual export of some 30,000 acre feet of groundwater from Bastrop County for use by the Guadaloupe-Blanco River Authority near San Marcos.

“That’s a no-brainer” for the local economic development board, said Board Member Willie DeLaRosa. “We don’t need to be exporting water to New Braunfels.”

If approved the GBRA water deal “could have a negative impact on Bastrop County,” said Bastrop City Manager Mike Talbot. The fear is that current water export plan, if implemented, could leave too little groundwater available to support continued growth in Bastrop and Lee County over the next two or three decades.

Additional concerns by local economic development and water planners is that the export scheme has now been included in an official water plan by a neighboring regional water planning group which expects the $330 million project to be financed, at least in part, by the Texas Water Development Board, the state agency which must also approve regional water plans for the Lower Colorado River Basin as well as the Guadaloupe River Basin.

Talbot said he and other local officials will meet this week with State Rep. Tim Kleinschmidt to review concerns about the GBRA proposal and its likely impact on local cities and other water utilities including Aqua Water Supply Corp. In a press announcement last week Aqua officials voiced fears that the proposed export plan could impair its ability to fulfill a constract to supply water to the planned 7,400-home XS Ranch project north of Bastrop.

Bastrop police chief ‘on leave’

August 19th, 2010

Bastrop, Tx–In a statement released by City Hall today, City Manager Mike Talbot said Police Chief David Board is officially on leave from his post.

Board was charged with drunk driving in Austin Monday evening, and asked Talbot for some time off to address personal issues the next morning. Board was released from jail on $5,000 personal bond.

Wednesday afternoon Talbot said he had made no decision on Board’s request for time off.

Today’s statement, released over Talbot’s name, did not say whether the chief’s leave comes with or without pay or for how long a period. An email request for clarification did not receive an immediate response.

The chief’s duties are being handled by Assistant Chief Matt Wagner, Talbot said.

Board, 46, joined the Bastrop Police Department in 1986.

Bastrop police chief charged, status pending

August 18th, 2010

Bastrop, Tx–Assistant Police Chief Matt Wagner was effectively placed in charge of the 25-member department on Tuesday, according to City Manager Michael Talbot, and the status of Police Chief David Board is under review.

Board was arrested on a drunk driving charge in Austin Monday evening, according to media reports, and released on $5,000 bail. At a meeting with Board on Tuesday morning, the chief asked for some time off to address personal issues, and Wagner was placed in charge of department operations, acccording to Talbot.

The city manager has not made a decision on Board’s request, he said i Wednesday. He declined to say when a decision might be forthcoming.

Board has been a member of the Bastrop Police Department for more than 24 years. Former Chief Ronnie Duncan promoted Board to sergeant. The late Chief Bill Anderson made Board the department’s first lieutenant.

Board assumed the chief’s role upon Anderson’s retirement.

Convention center art sought

August 11th, 2010

Bastrop, Tx–Following a suggestion by Council Member Kay Garcia McAnally on Tuesday, the city council agreed to form a citizen study group to look for significant local art works to embellish the convention center and new city hall now under construction on Chestnut Street.

The new city buildings should become a showcase for the wealth of local artistic talent already living and working in Bastrop, said McAnally. So far there is no budget or plan for placing art work in the new structures.

Works for public display might be purchased, borrowed for a time or acquired by gift or long term loans, said McAnally. An acquisition strategy should be one of the arts panel’s tasks, she suggested.

Mayor Terry Orr said he will appoint such a panel, with the council’s consent, if council members will first suggest a list of suitable candidates.Orr suggested a panel of possibly four to seven members as an initial working group.

BISD ‘acceptabe,’ says TEA

August 3rd, 2010

Bastrop, Tx–The Bastrop school district earned an “accep0table” rating for the 2009-10 academic hear, the Texas Education Agency reported this week.

Of the 11 schools which were rated in the district, seven were listed as “recognized” and four as “acceptable.”

The “recognized” schools are Cedar Creek Middle School, Cedar Creek Intermediate, Bluebonnet Elementary, Emile Elementary, Lost Pines Elementary, Mina Elementary and Red Rock Elementary.

Bastrop High School, Bastrop Middle School, Bastrop Intermediate School and Cedar Creek Elementary were rated “acceptable.”

Bastrop fills 3 top vacancies

August 2nd, 2010

Bastrop, Tx–After a long search, City Manager Mike Talbot has filled three executive staff positions, including the first executive director of the new convention center and the city’s first information technology director.

On Friday Talbot also named a new planning director for the city, a post which has been open for months.

Katherine A. Danielson will be the first to market and manage the convention center, due to open for business next spring. Since 1999 she has been the top manager for the Foley, Alabama Convention and Visitors Bureau.

Foley is a city of some 12,000 residents near the Alabama Gulf Coast. From 1996-99 Danielson was special events director for the Alabama Gulf Coast Chamber of Commerce.

A second new city position is an information technology director. Talbot has selected Kevin Unger, who recently moved to this area, for the job. For the past two years Unger has been a private consultant based in Dallas. Previously he worked both in private industry and public service positions, according to Talbot.

Unger’s resume lists both Perot Systems of Plano and Denton County, Tx as former employers.

Melissa M. McCollum also brings both private and government experience as Bastrop’s new director of planning and development. She replaces Stacy Snell who moved to a new job earlier this year.

McCollum most recently was chief planner for San Marcos. She previously also worked for a private consultancy in Round Rock and with the Georgetown planning department.

Best use of Main St. lot debated

July 29th, 2010

Bastrop, Tx–After a public hearing Tuesday the city council seems no closer to deciding what to do with a vacant lot it owns fronting 921 Main St. downtown.

As expected, the council heard competing visions of the best future use of the property which the city bought last year. The entire property extends from Main to Water Street, and the city has long planned to use most of the site for parking improvements. The 110 feet closest to Main is too narrow to use for parking, according to City Manager Mike Talbot.

The site was formerly home to the Texas Mercantile craft and antique outlet. That building burned in 2003 and was never rebuilt.

Speaking on behalf of the Bastrop Main Street Advisory Board, Steve DeWire laid out a vision for a downtown plaza and visitor comfort station on the site, including rest rooms, landscaping and shade trees. Such a public space would attract visitors to stay longer in the area and boost downtown sales, he argued.

He estimated the initial cost at $259,000 plus some $4,400 annual maintenance expense, chiefly rest room upkeep.

The Bastrop Economic Development Corp. offered a different vision. The board is ready to work with the council to redevelop the space for commercial use, returning the property to the tax roll and generating salex tax income, said BEDC President Joe Newman.

For instance BEDC could buy the site from the city for market value and then negotiate with potential developers with far more flexibility than state law permits the city to offer, said Newman.

More than one potential developer is awaiting a city decision, he said.

At the end of public testimony, Council Member Joe Beal said he still has little evidence about the likely economic impact of either choice.

Mayor Terry Orr noted that grant funding could help pay for a public use project, and the site “looks like a festival space to me.”

Bastrop council hammers out city charter change proposals

July 28th, 2010

Bastrop, Tx–Tuesday the Bastrop City Council hammered out details of changes to the city charter which will go before voters in a November election, chiefly making council terms three years long instead of the current two.

The change was recommended earlier this year by a charter review committee headed by Council Member Ken Kesselus. The study panel was named by the mayor and other council members.

The council, however, declined to ask voters to consider adding two additional members to the city governing board, saying there appears to be little public support for such a measure now.

As currently proposed, the charter change would limit the mayor and council members to two consecutive three-year terms. Those officers would be forced to wait a year before seeking re-election.

The Texas Constitution will force additional changes in current city election rules if voters endorse three-year council terms, said city attorney J.C. Brown. The chief change will require that council members and the mayor be elected by majority vote instead of the plurality currently required. That could force run-off elections in some cases, said Brown.

In a related measure the council agreed to ask voters to decide if a sitting council member should be required to resign in order to run for the mayor’s seat. At the same time a mayor would be required to step aside in order to seek a council seat.

Other charter changes to go before voters include changing the title of the presiding officers of the Planning and Zoning commission from “chairman” and “vice chairman” to “chair” and “vice chair.” The mayor would also become the city’s “chief presiding officer” instead of the city’s “chief executive officer.”