Roads, Reading, Writing & Arithmetic

The Texas Department of Transportation (TxDOT) was sued this week by seven outdoor advertising companies for failing to do an impact study (an assessment of the environmental and capital costs associated with certain government projects) of public construction projects outside Dallas.  TxDOT was required to do one to protect the property interests of the owners under the Private Real Property Rights Preservation Act (PRPRPA).  The businesses argue there has been a “taking” of their property interests because the highway improvements and repairs block the visibility of their billboards and impair their ability to reap profits.  A “taking” occurs whenever government takes ownership of real property through its actions which reduce the property’s access or value, and it must to give just compensation for the value of the property.  Both our federal and the state of Texas constitutions prohibit the taking of property without compensating the owner, and along with statutory laws like PRPRPA, these laws are designed to limit government encroachment on property rights.  Texas general counsel (the attorney for the state) argued in response to the plaintiffs’ complaint (the list of allegations by the businesses are suing) that the government cannot be sued, but we will see what a district court judge says. Even so, the construction project continues while the litigation moves forward.

And speaking of moving forward, the Texas Senate Education Committee met this week in advance of the legislative session that begins in January 2013. Texas, because of its biennial session only meets for 140 day in odd numbered years, and that means that it is difficult to address complex policy decisions like education reform.  So even though the legislature is not technically in session, the policy committee responsible for legislative oversight (the review of laws and implementation of those laws by legislators) continues to address concerns about Texas education, including budget deficits and concerns about overall educational quality.   Texas currently ranks 32^nd in the country for education, but the committee is considering adding on longer school hours and additional days to the calendar.