Rep. Zwiener Ends Session With Water Quality, New Sexual Assault Laws, Aquifer Storage, Scenic Highway Beautification

Rep. Erin Zwiener Stops Bad Bill on a Procedural Measure:
Protects Water Quality and Local Control

Austin, TX — HB 3750, a bill that would nullify water quality requirements in a municipality’s extraterritorial jurisdiction (ETJ), was effectively stopped in its tracks on Friday, May 24, by a point of order raised by Rep. Erin Zwiener.

HB 3750, by Rep. John Kuempel (R-Seguin), in its original form limited the authority of a municipality to impose water quality regulations in the municipality’s ETJ. A senate amendment prohibited cities from imposing fines or fees in areas that are no longer annexed or where an annexation attempt was voted down, clearly outside the scope of the original bill. Rep. Zwiener, a consistent defender of local control, voted against the bill in its original form.

“HB 3750 effectively undermines the ability of Texas cities to ensure that water quality standards are met in their ETJs,” said Rep. Zwiener. “Water does not adhere to political boundaries, and these standards allow cities to maintain the cleanliness of public water. As our communities grow, we must protect our natural resources.”

The point of order called by Rep. Erin Zwiener cited Rule 11, Section 2 of the Rules of the House of Representatives, which requires bill amendments to be sufficiently germane to the original purpose of the bill. HB 3750 was returned to the Senate to remove the offending amendment but had no time to return before Friday’s deadline to pass House bills with Senate amendments.

“The House rules are there to ensure that the members of the House are fully informed about what we’re voting on,” said Rep. Zwiener. “I’m grateful that in this case they provided a tool to stop an overlooked bad bill that would have hurt House District 45.”

Texas Legislature Creates New Criminal Offense
For Groping, Other Sexual Contact

Austin, TX — Lawmakers in both chambers of the Texas Legislature have approved a bill strengthening the state’s sexual assault laws. Senate Bill 194 by Sen. Charles Perry and sponsored in the House by Representative Joe Moody creates the criminal offense of “indecent assault” to address groping and other nonconsensual sexual contact that falls short of rape. Since Rep. Moody was in the Speaker’s Chair, Representative Zwiener laid the bill out for its final vote in the Texas House and joined 142 of her colleagues in voting it on to the Governor’s desk.

“The serious offenses outlined in this bill are all-too-common, and we must equip law enforcement with the tools of arrest and imprisonment for these crimes,” said Rep. Zwiener “We are showing that the State of Texas stands with survivors and takes sexual assault seriously in all its forms.”

Indecent assault would be designated as a class A misdemeanor and carry a penalty of up to one year in jail and a maximum fine of $4,000. Currently, Texas is one of only six states in the country without a similar offense, and crimes in the “indecent assault” category are fine-only offenses, similar to traffic tickets, with a maximum penalty of $500.

“I have been encouraged by our bipartisan work on the issue of sexual assault this session,” said. Rep. Zwiener. “Rep. Moody and Senator Perry did fantastic work on this legislation, and I look forward to seeing Governor Abbot sign the bill into law.”

Rep. Erin Zwiener and Senator Judith Zaffirini Narrowly
Miss Passing Landmark Sexual Harassment Legislation

Austin, TX — The clock ran out midnight Tuesday, May 21, on a bill to curb sexual harassment in Texas workplaces. Sen. Judith Zaffirini’s Senate Bill 46, which was carried by Rep. Erin Zwiener in the House, narrowly missed a Tuesday deadline after advancing unanimously through the Senate. The bill would have required the Texas Workforce Commission to accept sexual harassment claims from employees of workplaces of all sizes. Current law only allows complaints against workplaces with 15 or more employees, leaving hundreds of thousands of workers with no protection.

“I am proud of our bipartisan work to ensure those experiencing sexual harassment have a voice no matter how big or small their employer,” said Rep. Zwiener. “Employees of smaller organizations should have the same workplace protections as employees of larger ones, but right now that is not the case. We have made substantial progress this session on legislation to make sure that every Texan has access to a fair and transparent process.”

The bill enjoyed wide, bipartisan support: Senator Joan Huffman moved the bill through the Senate State Affairs Committee; Representatives Sarah Davis, Angie Chen Button, Rafael Anchia, and Geanie Morrison signed on as joint authors to the House companion; and 56 members signed on as coauthors to the House companion. However, the bill was placed near the end of the last House calendar, and when the clock ran out at midnight, SB 46 was still six bills down the calendar.

“There’s no other way to say it: The legislature let down the people of Texas,” said Rep. Zwiener. “In the wake of the Me Too movement, we owed survivors of workplace sexual harassment action, and we didn’t prioritize it highly enough to get it done. However, this was a major effort with bipartisan support, and I am confident we can get sexual harassment protections for all Texas workers over the finish line next session.”

Rep. Zwiener’s Aquifer Storage and Recovery Bill
for Buda Headed to Governor’s Desk

Austin, TX — The Texas House and Senate have each put its stamp of approval on legislation to help secure the water supply of the rapidly-growing City of Buda. State Representative Erin Zwiener and Senator Donna Campbell worked together to pass Senate Bill 483, which allows fresh water to be stored in the Hays Trinity Aquifer in times of abundance so the city can draw from it during peak usage times and drought. The bill passed the House with 144 votes Wednesday afternoon and now awaits Governor Greg Abbott’s signature.

“As cities like Buda expand, we need to have frameworks in place to meet growing demand, especially that of our water supplies,” said Rep. Zwiener. “This bill ensures Buda has access to an adequate water supply no matter the time of year while protecting the quality of their drinking water. This is a cost-effective way to reduce the City of Buda’s reliance on groundwater and meet peak demand during times of greatest need.”

Aquifer Storage and Recovery (ASR) is an innovative technology already used by the Cities of El Paso, Kerrville, and San Antonio to utilize existing geological formations to store water in underground reservoirs to draw from during dry periods.

“I am grateful to Sen. Donna Campbell for working with me to address this issue and look forward to seeing the Governor sign this bill into law,” said. Rep. Zwiener. “Investing in aquifer storage recovery today will delay Buda’s need to secure new water sources and provide resiliency in times of drought.”

*In a previous press release sent by Rep. Zwiener’s office, it stated that SB 483 allows fresh water to be stored in the Edwards Aquifer. This is incorrect. SB 483 allows some fresh water to pass through the Edwards Aquifer to be stored in the Trinity Aquifer.*

Rep. Zwiener Fights for Hays County Scenic Highway Beautification

Austin, TX — State Representative Erin Zwiener (D-Driftwood) drove scenic highways legislation for the Hill Country farther down the road this week as she fought to protect rural Hays County roads from unsightly billboards. She won a tough vote on the House floor when a motion to table her amendment, which gave Hays County Commissioners jurisdiction over billboards along farm-to-market and ranch-to-market roads, was denied by fellow House members. Eventually, Rep. Zwiener withdrew her amendment to protect the underlying bill, SB 357 by Senator Nichols, but not without igniting conversation.

“I hope the billboard lobby looks at that vote and is more willing to work with Hays County and our concerns about obstructive billboards on small rural roads in the future,” said Rep. Zwiener. “One industry should not have the power to override the local control of our elected officials. Next session, I’ll continue the fight to protect our Hill Country views, our quality of life, our property values, and our tourism industry.”

At the beginning of the legislative session, Rep. Zwiener introduced HB 1303 which would have protected ranch-to-market roads 1826, 150, and 967 in Hays County from new billboards. Despite overwhelming support from the Hays County Commissioners, local city councils, and a petition started in House District 45 that now has 2,391 signatures and counting, the bill did not move out of committee. In fact, no new roadways have been protected under the Texas Scenic Highways statute since 2007.

“I won’t stop fighting to protect our Hill Country rural roads,” said Rep. Zwiener. “The TxDOT billboard permitting process can’t consider impacts on our scenery, our property values, or our tourism industry. That’s why I’m fighting to put billboard permitting in the hands of our local officials who know that as we grow, we must also protect our beautiful Texas terrain.”

“Scenic highway beautification is something my predecessor and his predecessor worked on for years, and now we’ve taken the fight further than it’s ever been in the legislative process,” Rep. Zwiener said. “I am confident that we will continue progress on this issue, work together with all parties involved, and preserve Hays County’s beautiful roadways for years to come.”

Texas Legislature Sends Rep. Erin Zwiener’s
Dark Skies Bill to Governor’s Desk

Austin, TX — Towns in Hays and Blanco Counties are a signature away from a new tool to reduce light pollution and preserve their dark skies. The Hill Country Night Sky Tourism Bill, HB 4158 by State Rep. Erin Zwiener passed the Texas Senate late Tuesday night and is now headed to Governor Greg Abbott’s desk. The legislation would allow small cities in Hays and Blanco Counties to use revenue from the municipal hotel occupancy tax to preserve the night sky.

“You know, there’s a reason folks write songs about the stars at night in Texas,” Rep. Zwiener said. “Our pristine night skies provide a spectacle for locals and visitors alike, and as our counties continue to grow, we must preserve them. This bill gives our communities one more tool to do so, which will attract visitors, sustain local businesses, and maintain our way of life.”

Dripping Springs and Wimberley in Hays County are two of the three Texas cities certified as International Dark Sky communities. (Horseshoe Bay in Llano County is the third.) The City of Blanco is applying to be the fourth. Advocates in House District 45 proposed the Hill Country Night Sky Tourism to Rep. Zwiener and worked with her to ensure its passage.

“I’d like to thank the dark skies advocates throughout Hays and Blanco Counties and Senators Zaffirini and Buckingham for their work on this legislation,” said Rep. Zwiener. “The Hill Country Night Sky Tourism Bill is a big win for our local businesses and everyone who enjoys gazing at our dark skies. I’m optimistic that Governor Abbott will sign it into law and protect the unique beauty of the Hill Country.”