Category Archives: Plaintiffs

Escaping, Xeriscaping, and Scapegoating

Last week Governor Perry gave a record breaking seventh State of the State message (a public address to the legislature about his policy priorities for the upcoming session).     The message was notable for what the Governor focused on, but it was also important for the things Governor Perry escaped discussing.  While previously he emphasized abortion limits and tough immigration reform, the speech contained nothing about either. It’s no secret that Governor Perry is considering a second bid for the White House in 2016, but some wondered whether his silence on controversial topics signals that he is agenda setting (establishing key priorities) on issues that will win support on the campaign trail.  He supported $3.7 billion funding for water and transportation projects to be paid from the state’s Rainy Day Fund and emphasized the need for a constitutional amendment to allow the state to return tax surpluses to taxpayers.  To amend the Constitution, the legislature must pass the amendment by two-thirds vote, and the voters must vote for the provision by a majority vote.

Governor Perry’s willingness to address the state’s water shortage was met favorably by supporters of xeriscaping (a method developed especially for arid and semiarid climates that utilizes water-conserving techniques such as planting drought-tolerant plants).  Regulatory mechanisms (rules that allow organizations to control certain types of behavior) allow Homeowners Associations (HOAs) to regulate what homeowners can do with their property.  HOAs (organizations in a subdivision, planned community or
condominium that make and enforce rules for properties in its
jurisdiction) frequently mandate homeowners cover their front yards with grass despite the high costs.  Watering lawns and landscaping accounts for about 50-80 percent of all home usage, but systematic attempts at reform have been limited.

Until now.

Two different proposals from Austin Democrats limit the ability of HOAs to prohibit xeriscaping. With water restrictions in place, however, such lawns wind up turning brown.  The bills prevent HOAs from banning xeriscaping with the hopes that homeowners will promote more water efficient landscapes.  Hopefully there’s some relief in sight.

And speaking of relief, there’s no way for the state legislature to avoid scapegoating (laying the blame on some other individual, group, or organization) for the problems faced by the Texas public education system given the ruling by state district judge John Dietz on Monday.  Last October over 600 school districts filed a class action lawsuit (a case supported by small groups acting on behalf of a larger group) against the state for underfunding public schools.  The lawsuit affects three-fourths of the state’s five million public school students, and the plaintiffs (the parties filing the lawsuit) argue that the state is not meeting its constitutional obligation to adequately fund public education. They sued following a $5.4 billion cut to education in the last legislative cycle. The state judge found that Texas violated the state Constitution by underfunding public schools and trying to shift the responsibility to the local level. Such an approach, he said, created an unconstitutional statewide property tax. An appeal by the state will most definitely follow.

Guess that means there’s no free lunch after all.