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Is it time to leave Texas?

May 6, 2011


State Senator Royce West

5787 S. Hampton Rd., Suite 385
Dallas, Texas 75232
(214) 467-0123 (tel)
Southwest Dallas Fax:(214) 467-0050 (fax)

Austin Fax: (512) 463-0299 fax

Downtown Dallas Fax: (214) 749-7830 (fax)

We need your help. Read the letter. Then copy and paste, then fax.

Senator West:

I am writing to express our opposition to House Bill 3105. The bill 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 (Act).

The question must be asked: Do you want gas wells next to the local school playground where your children play, or perhaps in your backyard? The passage of HB3105 could result in exactly that. 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.

That means that oil and gas wells will be permitted essentially anywhere in Dallas. That is bad public policy because people move to cities with the expectation that their property will be protected for the good of their property values. This bill would obliterate the protections that homeowners sought when they moved to a city.

I represent one of many public interest groups located here in Dallas and over the past 10 months, these groups have continued to educate Dallas citizens to the dangers of shale gas drilling. As a result, Dallas residents are a lot smarter about this issue than ever before. Recently, the Dallas city council agreed to the creation of gas drilling task force in order to rewrite our current ordinance that is very weak and ineffective.

At this point, the city now knows better and is beginning the task of doing better. This is because we were on the front lines of bringing this issue to the forefront. It may interest you that the property behind your Oak Cliff office has been mentioned as a possible location for shale gas drilling. Gas drilling has also been a hot topic with our current city elections and will help decide one city council position. It is that important to all Dallas residents and to your constituents in particular.

I am asking that you personally get involved with this matter and do whatever it takes to help stop HB3105. Speaking for the other Dallas groups, we will be behind you in this fight if you are willing to lead it. The time is now for our voices to be heard in Austin and many in Dallas are looking for your leadership. Because, at the end of the day, we all drink the same water and we all breathe the same air.

We look forward to hearing from you and working with you to help kill HB3105.

If the sponsors of this bill such as Jim Keffer get their way. It’s done. The gas industry has paid off enough law makers to allow them to have eminent domain. Ask North Dallas Rep. Stefani Carter about the money, and she should know.

Money talks.

The question we have: is it time to move out of Texas?

You can also fax State Senator John Carona at

Austin Fax: (512) 463-3135

Dallas Fax: (214) 378-5739

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