In the last days of the 82nd Legislative Session, industry has finally shown how far they will go to protect their power to pollute at will. Tuesday night, Rep. Dennis Bonnen (HB 25, Angleton), offered an amendment to SB 875 that would provide industry an affirmative defense against civil suits. This amendment would severely restrict Texans’ ability to protect their property by giving industry immunity from nuisance and trespass action on nearly every type of regulated activity.

Wednesday afternoon, Rep. Craig Eiland (HD 23, Galveston) led an hour-long debate on the Bonnen amendment. When the House voted on an amendment to remove the Bonnen amendment from SB 875, the vote was 82-63 to take it off the bill. But the motion failed because, as an amendment on 3rd reading, a 2/3rd majority was required for passage. In other words, even though a majority of representatives opposed the Bonnen amendment once they understood what it did, the amendment remains on the bill. And the bill passed on 3rd reading with the Bonnen amendment on it, even though the majority of representatives had voted to take the amendment off just moments earlier.

Now, only the Texas Senate can stop this assault on Texas property owners’ ability to protect their property. This may sound familiar to those who have followed the TCEQ Sunset legislation and industry’s attempt to weaken the public’s ability to contest a permit.

The Senate should not concur with SB 875 as it comes back from the House. The Bonnen amendment goes too far in giving industry a free pass to pollute without fear of consequences and restricts our ability to defend our property. Texans believe in private property rights–and they will rightly object to laws passed to restrict these rights. Call your state senator today and tell her or him that Texans do not want polluting industry to have a free pass to pollute in any of our backyards, pastures or communities. The Bonnen amendment needs to come off SB 875.

If you’re not sure who represents you, you can find out here. Here’s a list of the senators’ Capitol phone numbers:

Sen. Brian Birdwell (SD 22, Granbury)  512-463-0122

Sen. John Carona (SD 16, Dallas) 512-463-0116

Sen. Wendy Davis (SD 10, Fort Worth) 512-463-0110

Sen. Robert Deuell (SD 2, Greenville) 512-463-0102

Sen. Robert Duncan (SD 28, Lubbock) 512-463-0128

Sen. Rodney Ellis (SD 13, Houston) 512-463-0113

Sen. Kevin Eltife (SD 1, Tyler) 512-463-0101

Sen. Craig Estes (SD 30, Wichita Falls) 512-463-0130

Sen. Troy Fraser (SD 24, Horshoe Bay) 512-463-0124

Sen. Mario Gallegos (SD 6, Houston) 512-463-0106

Sen. Chris Harris (SD 9, Arlington) 512-463-0109

Sen. Glen Hegar (SD 18, Katy) 512-463-0118

Sen. “Chuy” Hinojosa (SD 20, McAllen) 512-463-0120

Sen. Joan Huffman (SD 17, Southside Place) 512-463-0117

Sen. Mike Jackson (SD 11, La Porte) 512-463-0111

Sen. Eddie Lucio Jr (SD 27, Brownsville) 512-463-0127

Sen. Jane Nelson (SD 12, Flower Mound) 512-463-0112

Sen. Robert Nichols (SD 3, Jacksonville) 512-463-0103

Sen. Steve Ogden (SD 5, Bryan) 512-463-0105

Sen. Dan Patrick (SD 7, Houston) 512-463-0107

Sen. José Rodriguez (SD 29, El Paso) 512-463-0129

Sen. Kyl Seliger (SD 31, Amarillo) 512-463-0131

Sen. Florence Shapiro (SD 8, Plano) 512-463-0108

Sen. Carlos Uresti (SD 19, San Antonio) 512-463-0119

Sen. Leticia Van De Putte (SD 26, San Antonio) 512-463-0126

Sen. Kirk Watson (SD 14, Austin) 512-463-0114

Sen. Jeff Wentworth (SD 25, San Antonio) 512-463-0125

Sen. Royce West (SD 23, Dallas) 512-463-0123

Sen. John Whitmire (SD 15, Houston) 512-463-0115

Sen Tommy Williams (SD 4, The Woodlands) 512-463-0104

Sen. Judith Zaffirini (SD 21, Laredo) 512-463-0121

SB16, SB 545 and SB 541 are on the House Major State Calendar today. As we’ve said on this site repeatedly, this is great news. However, midnight tonight is the deadline for the House to pass Senate bills on second reading. The Alliance for a Clean Texas asks all Texans who want clean air and clean energy to call their representatives immediately and ask them to vote for these three crucial bills.

In the final six days of the 81st Session, the Alliance for a Clean Texas urges all Texas lawmakers to take up clean air, renewable energy, green jobs and other important environmental issues that will make our state healthier and more sustainable. There are still many opportunities for the Texas Legislature to act on behalf of all Texans. It’s time to put the health and future welfare of our state first and make the commitment to clean air and clean energy by passing these three bills.

The challenge: not only is time short (there are only seven days left in the session and 36 hours until all Senate Bills must pass 2nd reading in the House) – the Texas House has come to a virtual standstill over the last four days. The time has come for all Texans to ask their representatives to put aside the partisan issues that are keeping them from taking up the business of our state. There are many extremely important issues that remain undecided at this time. The Alliance for a Clean Texas believes that clean energy is one of the crucial issues that the House must take up before the midnight deadline tomorrow.

Texans want to breathe cleaner air. They want their water to be used sustainably. They want their state to remain a world leader in energy innovation and production. They want their children to grow up to in a state where the jobs of the 21st century economy are plentiful. They want to be proud of their state – for its historic leadership in energy, for its great gifts of natural resources, and for its unique ability to lead our nation (and our world) into a cleaner, healthier future.

Call your representative right now. Ask her or him to vote for both solar bills. To stop stalling. To take action. This person is your representative in Austin. It’s time for all of us to act on behalf of our state. As we all know, what we do in Texas matters. Let’s show the world that Texas is ready to lead the way.

HB 821 is the top bill on ACT’s 2009 Electronic Waste Recycling legislative agenda. For additional information about producer TV takeback programs, please visit ACT member organization Texas Campaign for the Environment.

Thanks for all you do to make Texas a cleaner, healthier place to live.

Please call your senator today and ask him or her to support SB 541.

SB 541 is one of the two essential renewable energy bills ACT supports this session. (The other bill, Senator Fraser’s SB 545, has been passed by the Senate and is now in the House Committee on Energy Resources.) Passing both bills is essential to making Texas the national leader in solar. SB 541 would establish solar and other renewable energy on a utility scale, as was done for wind. SB 545 would establish a statewide goal for distributed generation such as rooftop solar – the essential component to making Texas the leader in the booming solar manufacturing industry.

How important is adopting an RPS for solar to jumpstarting the solar industry in Texas? Even Luke Bellsnyder, executive director of Texas Association of Manufacturers, acknowledges as much, despite his association’s opposition to these two bills. Here’s what he said to The New York Times on Monday:

solar advocates “tell us constantly that panel manufacturer X or Y was looking to Texas, but decided to go to other states because they have a better R.P.S. or better incentives for production.” (R.P.S. refers to “renewable portfolio standard,” which is a target for renewable energy production.) “I want solar manufacturers to come to Texas,” Mr. Bellsnyder added. “If we’re going to expand and have solar on the grid, as I think we can acknowledge, then let’s make sure they’re coming here.”

Please call you senator today in support of HB 541. Let’s do for solar what we did for wind – and make Texas the energy leader of the 21st century.

ACT 2009 Ewaste Recycling Team member Zac Trahan (Texas Campaign for the Environment) writes:

Please contact your State Representative today to register your support for HB 284, which is on the House Calendar May 1st. This bill would shine a light on irresponsible e-waste export through a regular reporting program for overseas shipments of obsolete electronic equipment, helping prevent toxic electronics from making their way to primitive dumps in developing nations. HB 284 would help create green jobs and expand responsible domestic recycling businesses in the private sector.

ACT 2009 Electronic Waste Recycling Recommendations and Factsheets