BREAKING Update 2:18 p.m.: Rep. Isaac Sends Mayor, City Council Letter Opposing San Marcos “Bed & Banks” Bill
In the city council agenda packet on Feb. 21, a document stated the city had “partnered” with Sen. Zaffirini and Rep. Jason Isaac to have the bill written.
by, Terra Rivers, Managing Editor
In November 2016, the City of San Marcos announced legislation that would give the city jurisdiction of the San Marcos River.
In the city council agenda packet on Feb. 21, a document stated the city had “partnered” with Sen. Zaffirini and Rep. Jason Isaac to have SB 71 written.
However, in a letter sent to Mayor Thomaides and the city council on March 7, 2017 from Rep. Isaac and obtained by a FOIA request from SM Corridor News, Isaac stated he had not been aware of the legislation and was opposed to transferring ownership of the San Marcos River from the People of Texas to the City of San Marcos.
“I have spoken with the Senate sponsor of this bill and shared my opposition to the idea,” Isaac said. “Maintaining access and use of our waterways for all Texas is something our constitution guarantees and something I feel is very important for our quality of life in Texas and for the people of House District 45.” (see letter below)
SB 71 would remove numerous processes currently holding up the city of San Marcos from moving forward with multiple river projects. Several citizens have expressed their concerns to the city about what the “Bed and Banks” bill will mean for Cape’s Dam, the Mill Race and Thompson’s Island.
The bill would allow the city to remove the dam without securing the otherwise necessary permits, such as the Sand and Gravel Permit, required by governmental agencies.
However, Kristi Wyatt, the city’s communications director, told City Council the city would continue to pursue processes like the Sand and Gravel Permit before they do anything with Cape’s Dam.
“Senate Bill 71 was referred to the Senate Committee on Natural Resources and Economic Development,” Zaffirini said in an exclusive statement to SM Corridor News. “It is not intended to impact permitting for the removal of Cape’s Dam, and I do not plan to advance a bill that would do so.”
She said she and her staff would continue working with all stakeholders to address the concerns and issues with the bill, gauge local support for the legislation and determine what would be the best way to move forward in the protection of the public’s rights to use the river and the protection of the river itself.
“If the new City Council passes a resolution of support, I will pursue the bill in the Texas Senate,” Sen. Zaffirini said. “My practice is not to pursue local bills unless they are supported by a resolution adopted by the city council and have community support.”
Update:
Wyatt said the city’s legislative contractor reached out to Rep. Isaac’s office several times in 2015 and asked if he would carry the bill should it reach the house. However, the bill didn’t reach the house.
Whether Rep. Isaac would support the bill in the house had been unclear at the time, Wyatt said.
Wyatt told Corridor News the original statement in the agenda that said the city had “partnered” with Rep. Isaac and Sen. Zaffirini was incorrect. As of 12:43 p.m. today, Wyatt said the error had been corrected in the agenda text.
As city council had already passed a resolution for SB 71 in 2015, the bill was brought to city council, by request, in Feb. 21, to address public and council concerns about what the legislation’s goal was.
Wyatt said she had been referred to the 2015 legislation when she was preparing the agenda packet for the meeting and did not realize the mistake had been made until today.
“It was a mistake I made in the background, a staff error,” Wyatt said. “It wasn’t intended to mislead, which we have corrected.”
Wyatt told Corridor News she will be reaching out to Rep. Isaac’s office to apologize for the error.
City officials do not have a timeline on SB 71 going through senate committee, the full senate and full legislature.
Senate Bill 71 Background
Senate Bill 71, also known as the ‘Bed and Banks Bill,’ was one of 41 bills filed in the 85th legislative session in early November 2016 by state Senator Judith Zaffirini.
Originally proposed in the 84th legislative session, SB 71 would transfer ownership of the stretch of the San Marcos River within the city limits from the State of Texas to the City of San Marcos.
The Banks of the San Marcos River refer to the rocky areas along the river below the tree line.
As state property, the city has no jurisdiction over what goes on in the San Marcos River.
Wyatt said SB 71 would allow city park rangers to ticket individuals caught tampering with the river’s endangered species or littering in it.
Many residents living along the river have expressed concerns about the amount of drinking on the river. In many cases, neighborhoods near the river have experienced regular occurrences of drunk drivers on neighborhood roads following the individuals’ day on the water.
According to Wyatt, ownership of the river would simplify processes to repair access points and other issues in and around the river. It would also allow the city to place and enforce additional restrictions on the river.
If the bill passes, the state will retain minerals rights over the river including the gas and oil rights. SB 71 states the ownership of the river will automatically revert to the state if the city attempts to sell or lease and/or neglects or fails to maintain any portion of the property.
The 2015 “Bed & Banks” bill failed in the 84th Texas Legislative Session.
In July of 2016, Mayor Guerrero and Jared Miller (Past City Manager) approached Senator Zaffirini and her staff to try to move the bill forward once again.
According to Council Member Prewitt during the city council meeting on February 21, “We want full community support behind this bill, and we want to make sure any concerns are vetted before it gets to the next step, so it will get full (Senate) committee support.”
City Council showed some concern about future city councils, mentioning that Zaffirini’s staff and the City of San Marcos wrote the language.
“None of us know what kind of council we will have later this year or in 20 years,” Derrick said. “I personally want to make sure that every loophole is closed for the citizens of San Marcos from now and into the future. I don’t want this undone.”
Near the end of the discussion, the city council decided to go over SB 71’s language to “tighten” it up.
“I just want to make sure that we are clear in our commitment to this bill,” Mayor Thomaides said. “I want the Senator and her staff to know how important this is to the holistic management of this resource. I would like it to pass this time.”
SEE REP. ISAAC’S LETTER TO CITY COUNCIL BELOW
To contact Sen. Judith Zaffirini: 1.512.463.0121 or you can email the Senator HERE.
To contact Rep. Jason Isaac: 1.512.463.0647 or you can email Rep. Isaac HERE.
Contact Mayor John Thomaides by email HERE or call him at 512.757.3634
Contact Council Member Lisa Prewitt – Place 1 by email HERE or call her at 512.757.6268.
Contact Council Member Melissa Derrick – Place 6 by email HERE or call her at 512.938.8141
Contact Council Member Jane Hughson – Place 4 by email HERE or call her at 512.781.8538
Contact Council Member Scott Gregson – Place 5 by email HERE or call him at 512.557.8000
Contact Council Member Saul Gonzales – Place 2 by email HERE, or call (city hall) at 512.393.8090
Contact Council Member Ed Mihalkanin – Place 3 by email HERE or call (city hall) at 512.393.8090
Contact the City of San Marcos Communications Director, Kristi Wyatt by email HERE, or call her at 512.393.8105
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Please leave the bed and banks owned by the state. Whats wrong with the city getting a permit if they want to do any work in the river? Great oversight to have and not allow city to make costly mistakes. Thank goodness we have that now because Capes Dam is still in place and has a chance to be rebuilt. The City has not been granted the State permits yet because the bed and banks are owned by the state. Past Oct. 2016 was the deadline to pull the dam out. Clearly there are concerns with removal and the Historical Importance that US Fish nor the City considered during the Feb. 22 work shop with Dr. Hardy or March 15, 2016 when they voted to remove the dam that would cause the left channel to become a stagnant mosquito haven and snake pit.
In 2000, Zaffirini worked closely with a group of people in New Braunfels to have the TABC allow them to create a business district of the Comal River with the stated goal of banning all alcohol consumption. This same group of people led by former Council Member Kathleen Krueger and the recalled Council Member Ken Valentine who was removed from office by his constituents for failing to represent them and only work in his and his neighbors interests on the Comal River have continued to work to gain control of the river. They are the same people behind the failed can ban which was thinly veiled as an environmental issue but was in reality yet another attempt to completely ban alcohol. As had happened before, the court upheld the idea that the state holds control of rivers for all of the people. Some of these people are no doubt involved in this as they would love to see it happen there and then bring it to New Braunfels and the Comal River. Never mind that it spits in the face of centuries. Of established law and the constitution.