Thursday, April 28, 2011

Update on HB 3105

HB 3105 is on the move. Read the post below and then contact your elected officials NOW!!

Mayor Northern will be traveling to Austin to speak without legislators.
She will be happy to hand carry your letters and present them. You can drop them off at Town Hall until 11:00am, Monday, May 2nd.

Note, if you are a mineral owner it is important to say that when writing you opposition letter.

HB 3105 Bad Bad Bad!

When a town puts together an Oil and Gas ordinance, they should have every right to enforce it without the threat of being sued by big money oil and gas.

Remember the bill introduced last legislative session of 2009 trying to make it very costly and difficult for local government to rule where and how drilling is done in their towns? Oil and Gas spent "mucho money" lobbying for the bill to be passed and are spending big bucks again. This time the bill is HB 3105.

If a city ordinance prohibits the drilling of an oil or gas well within a certain distance of a home or school, a landowner could bring a claim under the bill. The city would then have three choices: (1) pay the landowner for the money he thinks he could have made from the well; (2) waive the regulation and allow a gas well in the playground of a school or in your backyard; or (3) pay attorneys to litigate the claim. This type of law is commonly known as a “pay or waive” law.

Roy Morris, a local attorney, owner of Founders Square, the southwest corner of 2499 and 3040,and the now bankrupt River Walk Property, testified in favor of the HB 2110 back in 2009 and just recently in favor of HB 3105. Both times he let it be known that Flower Mound is the reason for the bill. Thankfully HB 2110 died on the floor. Let's pray that HB 3105 dies as well.

Red Oak, Morris and his partners in River Walk sued the town of Flower Mound and its Oil and Gas Board of Appeals over denial of gas drilling variances in June of 2008. In August of 2009, the case was dismissed by Judge Carmen Rivera-Worley of the 16th Judicial District Court of Denton County. Our Oil and Gas Ordinance held up in court!!! This is why those in favor HB 3105 are working so hard to get this bill passed.

Click here to watch the video.
Mr. Morris testifies at about 4:41 into the video. Keep watching and you will see Mayor Northern and Dish Mayor Tillman testimonies against the bill. In the early part of the video, Mayor Northern testified in support of HB 3792,authored by Rep. Burnam, Municipal Authority to Regulate Gas Pipelines Located within the Municipality.

Click here to take action against HB 3105

Tuesday, April 26, 2011

How long is long distance?

There has been much talk about long distant horizontal drilling lately. At this time, long distance drilling is suggested for areas surrounded by more rural space. OGAP has referenced this type of drilling in their best practices. On this OGAP page, they use La Plata County in Colorado as a example. La Plata County is a very rural area.


We have closely clustered communities in this area. With over 60,000 people here in Flower Mound and over 650,000 in Denton County, long distance drilling of laterals longer than 3000' to 5000' would be a huge challenge. Here are a few maps. One of Flower Mound and rural North Texas.

A picture is worth a thousand words.


Flower Mound






Rural North Texas

Monday, April 25, 2011

Flower Mound Candidate Events and Forums

Flower Mound Town Council Candidate Forum
The Flower Mound Seniors In Motion Program Advisory Board will host a Town Council Candidate Forum at 12:30 p.m. on April 26 in the Community Activity Center, 1200 Gerault Road. The forum will focus on questions related to Flower Mound senior citizens. The event is free and open to the public. Lunch will be served at 12 p.m. for a fee of $4. Please RSVP to SIM Advisory Board President Bill House at 972.539.4282 by Monday, April 25.

LISD School Board Candidates
The Lewisville Task Force will be hosting a candidate meet & greet on April 26th at 6:30 pm at the new Arts Center in downtown Lewisville. Each candidate will be given 5 minutes to give their platform and 5 minutes to field questions from the audience. The last 30 minutes will be mingling with the candidates and attendees.

Saturday, April 23, 2011

Monday, April 18, 2011

Interesting Map of Areas with Fracking

This is a great map of fracking across the United States. It shows a few accidents or issues with fracking. Click here for the article.

Friday, April 8, 2011

Legislative Update for bills the Town of Flower Mound is monitoring

The 82nd legislative session in Austin is in full speed. This time around there are many bills that relate to the Oil and Gas industry. Some will have positive impacts if passed and some will have negative impacts if passed.

Many may not know that our Mayor Melissa Northern and the Town Council is working hard supporting the good bills and lobbying against the bad bills. Mayor Northern has made countless trips to Austin this session and met with a number of legislators including Senator Nelson, Senator Harris, Rep Parker and Rep Keffer.

Rep Keffer is the author of the HB 3105. HB 3105 would make a city regulation that damages, destroys, impairs, or prohibits development of a mineral interest subject to the Private Real Property Rights Preservation Act. Basically give the gas companies and mineral owners a green light to sue if they don't get their way. Even if they are not in compliance with city ordinances. What would most likely happen is municipalities would waive the regulations and allow a gas well in the playground of a school or in your backyard to avoid costly litigation. Mayor Northern testified against HB 3105 in front of the Energy Resource Committee. This bill is the ugly offspring of HB 2110 that was authored by Rep Hughes back in the 2009 81st legislative session. Click here for information on the fiscal impact HB 3105 on municipalities.

A Flower Mound citizen, developer, and lawyer, Roy Morris, testified in favor of this bill. Some may know him as one of the bankrupted River Walk partners. Although he may not have a stake in the surface rights of River Walk anymore, Mr. Morris made it clear he still owns the minerals under the River Walk property. Roy Morris supported and testified for HB 2110 in 2009. Mr. Morris is pushing for this bill to pass.

Click here to watch the video. Mr. Morris testifies at about 4:41 into the video. Keep watching and you will see Mayor Northern and Dish Mayor Tillman testimonies against the bill. In the early part of the video, Mayor Northern testified in support of HB 3792,authored by Rep. Burnam, Municipal Authority to Regulate Gas Pipelines Located within the Municipality.

Some Bills Mayor Northern and Flower Mound Town Council are supporting, opposing or monitoring are the following:

SB 18 authored by Senator Estes, Eminent Domain – allows eminent domain authority for private entities. The town sent a letter in opposition.

SB 527 authored by Senators Nelson, Harris, Fraser, Estes, Shapiro & West. Installation of 20 Air Monitors in North Texas. The town sent a letter in support.

SB 655 authored by Senator Heger. Creation of the Texas Oil & Gas Commission (and Abolition of Railroad Commission). The town is monitoring this bill.

SB 875 authored by Senator Fraser. Would take away a Texan’s right to sue a company for “nuisance” or “trespass” resulting from greenhouse gas emissions. the town is monitoring this bill.

SB 1293 authored by Senator Heger. Pipeline Safety – doubling penalties for violations relating to certain pipelines. The town is in support of this bill.

HB 279 authored by Reps. Geren, Schwertner,Zerwas, Orr & Sheffield. Eminent Domain – Companion to SB 18. The town is opposed to this bill.

HB 1145 authored by Reps. Parker, Geren & Nash. Funding for Air Monitors – Companion to SB 527. The town sent a letter in support.

HB 2125 authored by Rep Parker. Gas Well Inspections – Increased priority for Counties with population of 650,000+. Resolution in Support Adopted 3/21.

HB 2126 authored by Rep Parker. Doubling Penalties – for violations in urban natural gas producing counties. Resolution in Support Adopted 3/21.

HB 3105 authored by Rep Keffer. Private Real Property Rights Preservation Act – applying to certain governmental actions. Mayor Northern testified against the bill at hearing on 4/06. Resolution in Opposition Adopted 3/21. Letters and Resolution Sent to Members of Energy Resources Committee 3/25.

HB 3328 authored by Rep Keffer. Disclosure of Composition of Hydraulic Fracturing Fluids. The town is monitoring this bill.

HB 3792 authored by Rep. Burnam. Municipal Authority to Regulate Gas Pipelines Located within the Municipality. Mayor Northern testified in support of the bill at hearing on 4/06.

HJR 56 suthored by Rep. Solomans. Proposing a Constitutional Amendment to Restrict the Power of the Legislature to Mandate Requirements on Local Govts. Resolution in Support Adopted 3/07. Letters and Resolution Sent to Legislators 3/21.

Click here for more legislative info from the Town of Flower Mound website.

If there are amendments made to the above bills, the town may change their position on the bills.

LISD School Board Candidate Forum and Meet and Greet

Here are two chances for you to get to know the LISD School Board Candidates.

LISD School Board Candidate Forum


Lewisville ISD Council of PTA's will host school board candidates on Thursday, April 22nd in the LISD Student Services Building at 400 W. Main St. in Old Town Lewisville. Submit questions for the candidates by email to cinnamon96003@yahoo.com

LISD Board Candidate Meet and Greet


The Lewisville Task Force will be hosting a candidate meet & greet on April 26th at 6:30 pm at the new Arts Center in downtown Lewisville. Each candidate will be given 5 minutes to give their platform and 5 minutes to field questions from the audience. The last 30 minutes will be mingling with the candidates and attendees.

Thursday, April 7, 2011

It is that time of year again....Elections!

Spring is here, time to plant flowers, clean out your closets, make plans for the summer and of course decide who you are going to vote for. Political season in Flower Mound has been a bit stormy in the past. Just like the weather this time of year. This time it is a little different.

Tom Hayden is running unopposed for Place 5. We supported Tom and always will. Tom has worked very hard to make Flower Mound a great place to live. He truly listens to the citizens, goes out of his way to educate himself on important issues and is not afraid to stand up for what he believes is best for the residents.

Mark Wise is running for Place 3. Mark has served on the Oil and Gas Board of Appeals and Board of Adjustment. He is also a board member of the Summit Club of Flower Mound where he serves as Board Secretary. He is a Systems Engineer with Cisco Systems. He has a degree in Specialized Technology in Computers and Electronics, Electronics Institute. His opponent, Elwood Leonard is running as a write in candidate.

Place 1 is an interesting race this year. Two great candidates are running. Kendra Stephenson and Jeff Whittaker. Both candidates have served our town and community by being on boards and commissions.

Kendra has served the community by being on the Flower Mound Board of Adjustments and Oil and Gas Board of Appeals, served two years as a court-appointed special advocate in Denton County for foster children, and was on the McKamy Sanctuary Home Owners Association Board, including two years as the board’s president. Kendra has 20 years of accounting, finance and business strategy with Fortune 500 companies and a MBA - University of Chicago (Marketing and strategy).

Jeff has served as a member of the Flower Mound Chamber of Commerce, the Flower Planning and Zoning, the Flower Mound Board of Governors Texas Health Resources Presbyterian Hospital of Flower Mound, was a Board Member Friends of the Flower Mound Public Library, and was a Mentor and Advisor Communities in Schools of North Texas. Jeff is a Certified Public Accountant and Financial Planner. He received a Master of Business Administration from the University of Dallas.

It would be impossible for us to endorse just one of these candidates for Place 1. They have worked hard for better drilling practices, an issue obviously near and dear to our hearts on this blog. What we do suggest is do your own research on both Kendra and Jeff. Both are very accessible and care about what the residents think. Then on May 14th, you decide who will serve Flower Mound better in Place 1.

Kendra Stephenson website

Mark Wise website

Jeff Whittaker website

Monday, April 4, 2011

Take Action Against HB 3105

H.B. 3105 (Keffer) - Regulatory Takings/Oil and Gas would make a city regulation that damages, destroys, impairs, or prohibits development of a mineral interest subject to the Private Real Property Rights Preservation Act, which would:

  • (1) waive sovereign immunity to suit and liability for a regulatory taking;

  • (2) authorize a private real property owner to bring suit to determine whether the governmental action of a city results in a taking;

  • (3) require a city to prepare a "takings impact assessment" prior to imposing certain regulations; and

  • (4) require a city to post 30-days notice of the adoption of most regulations prior to adoption.
It has been set for a hearing on WEDNESDAY, March 6, at 2:00 p.m. (or on adjournment of the House) in the House Energy Resources Committee. Please contact your legislators and the members of the committee (the chair is the author) to express your opposition. http://www.capitol.state.tx.us/Committees/MembershipCmte.aspx?LegSess=82R&CmteCode=C250

Click here for a sample letter to send to the committee.

Click here for text on HB 3105.

Flower Mound to hold Community Meetings for Oil and Gas Ordinance

The Town of Flower Mound will host community meetings to solicit public comment regarding the items from 6:30 to 8:30 p.m. on April 7 at the Central Fire Station, 3838 Forums Drive, and from 6:30 to 8:30 p.m. on April 12 at Fire Station No. 2, 4401 Shiloh Road. For additional information, please call 972.874.6354