Donna Campbell
Robert Walsh

2022 General Election

In Senate District 25, incumbent Donna Campbell is being challenged by Robert Walsh.

Unfortunately, Senator Campbell’s apparent interest in protecting Hill Country residents and our natural resources from freewheeling quarries and the aggregate industry seems to be a flash in the pan. While she introduced a few decent quarry-related bills in 2019 (none passed), her track record of supporting legislation unfriendly to Texas citizens is disappointing.

Repeated contributions from TACA, Vulcan, and other APOs to Campbell’s campaigns over the years are concerning. Furthermore, it is telling that her senior policy advisor during the last session is now a government relations manager for Vulcan Materials.

Despite our open-door policy and hundreds of thousands of Hill Country residents desperate for support, Dr. Campbell was unhelpful during the past legislative session. Her reluctance to collaborate on development of real, meaningful solutions to the problems District 25 residents face is disheartening.

Robert Walsh, Democrat from San Antonio, describes protecting our environment as “crucially important” and makes it a top three issue on his campaign website. He looks forward to the sunset review process for TCEQ as a prime opportunity to implement badly needed reform.

Early voting begins on October 24 and election day is November 8, 2022. Visit the Comal County Elections webpage or VoteTexas.gov for polling locations and sample ballots. Candidate responses to our questionnaire are listed below.

Candidate Questionnaire

Preserve Our Hill Country Environment sent a candidate questionnaire to both candidates in August, then followed up with each candidate. Responses from each candidate are shown below verbatim. As per instructions, responses have not been edited for spelling, punctuation, or grammatical errors. “No response received” is shown for any candidate who did not reply.

Question 1. Texas is currently suffering through a major drought, and many private well owners in SD25 are reporting that their wells in the Trinity Aquifer are going dry. Record population growth in the area has resulted in greatly increased water demand. State law currently limits the authority of counties to deal with land use issues related to rapid growth in unincorporated areas. What authority would you be willing to grant county commissioners and Groundwater Conservation Districts (GCDs) to manage new development activity to ensure that water demand never exceeds water availability?

Campbell: No response received.

Walsh: No response received.

Question 2. Vulcan Construction Materials will have to submit a Water Pollution Abatement Plan (WPAP) outlining best management practices needed in order to protect water quality in the Edwards Aquifer recharge zone for their proposed 1500-acre quarry in Comal County. Water quality and supply are vital to District 25—both as a foundation for the local tourism industry as well as for human consumption, agriculture, and wildlife. Heavy industrial operations, quarries, and mining directly over the environmentally sensitive Edwards Aquifer recharge and contributing zones endanger one of our most precious natural resources—water. When Vulcan submits their WPAP for this facility, how, specifically, will you be involved and what actions will you take as a state representative?

Campbell: No response received.

Walsh: No response received.

Question 3. There are repeated examples of Texas Hill Country streams experiencing algal blooms and eutrophication following the implementation of wastewater facilities that had been approved by the TCEQ. Would you support requiring TCEQ to use water purity standards tailored to the Hill Country so as not to harm aquatic wildlife?

Campbell: No response received.

Walsh: No response received.

Question 4. In 2021, the House Interim Committee on APOs published a report laying out the issues associated with Aggregate Production Operations (APOs). The report spelled out background on each issue, the current regulatory scheme, and recommendations on how to improve the APO industry in Texas. Are you familiar with the report and its recommendations? Which of its recommendations do you think are most important? Are you willing to work across party-lines to enact laws to achieve these goals?

Campbell: No response received.

Walsh: No response received.

Question 5. In 2019, Representative Terry Wilson (District 20) introduced HB 509 and Representative Kyle Biedermann (District 73) introduced HBs 3798 and 2871. Will you author and support identical legislation?

Campbell: No response received.

Walsh: No response received.

Question 6. It has been recognized that the Texas Commission on Environmental Quality (TCEQ) has major, systemic problems related to regulation and permitting of APOs such as quarries, concrete batch plants, asphalt plants, and other similar facilities. With TCEQ up for sunset review in the next legislative session, would you be willing to work with the Texas Sunset Commission to improve TCEQ permitting and their authorization of common-sense rules, oversight, and enforcement? What do you see as the biggest issues facing TCEQ and what needs to be done to solve them? How will you champion institutional change to improve TCEQs reputation with District 25 constituents?

Campbell: No response received.

Walsh: No response received.

Question 7. The mission of Preserve Our Hill Country Environment is to preserve, protect, and restore the land, water, air, wildlife, unique features, and quality of life in the Texas Hill Country against the aggressive and insufficiently regulated expansion of the aggregate industry. Considering our mission and the interest of our over 5,000 members, followers, and supporters, where do our priorities fit in to your legislative agenda? Do you think you can adequately represent our concerns and what will your strategy be to successfully represent District 25 in these undertakings?

Campbell: No response received.

Walsh: No response received.

Justin Calhoun
Carrie Isaac

2022 General Election

In the newly redrawn House District 73, Carrie Isaac faces Justin Calhoun to replace retiring Representative Kyle Biedermann. We are grateful to both candidates for taking the time to meet with us, answer our questionnaire, and discuss issues of environmental importance in Comal and Hays counties: clean air, water quality and quantity, reforming TCEQ, and common-sense supervision of quarries and other aggregate production operations (APOs).

Justin Calhoun would be a welcome representative of our concerns and efforts. Not only does he talk the talk, but Mr. Calhoun invests personally in caring for our environment: he took time out of his busy schedule to join our July Adopt-A-Highway event and clean up the roadside adjacent the Vulcan property. Mr. Calhoun, from Comal County, served in the Army, deployed to Afghanistan, and is now a social worker. He shares our concern with the lack of APO oversight by TCEQ and the critical need to protect our precious natural resources such as the Edwards Aquifer.

Carrie Isaac, from Dripping Springs, leads a nonprofit focused on assisting veterans. In 2015, she worked with her husband, Jason, during his time as state representative for Hays and Blanco counties, to draft and pass HB 3405, empowering local groundwater conservation districts and increasing protection of the Trinity Aquifer. Ms. Isaac recognizes that standard air permits TCEQ so frequently rubber stamps are wholly inadequate to protect Texans living near these plants.

Ms. Isaac has some questionable industry connections. But both candidates have assured us that preserving our natural resources is a high priority: either would pick up the mantle of Representative Biedermann and work hard to protect Hill Country citizens and our private property from unnecessary and unacceptable industrial pollution.

Early voting begins on October 24 and election day is November 8, 2022. Visit the Comal County Elections webpage or VoteTexas.gov for polling locations and sample ballots. Candidate responses to our questionnaire are listed below.

Candidate Questionnaire

Preserve Our Hill Country Environment sent a candidate questionnaire to both candidates in August, then followed up with each candidate. Responses from each candidate are shown below verbatim. As per instructions, responses have not been edited for spelling, punctuation, or grammatical errors. “No response received” is shown for any candidate who did not reply.

Question 1. Texas is currently suffering through a major drought, and many private well owners in HD73 are reporting that their wells in the Trinity Aquifer are going dry. Record population growth in the area has resulted in greatly increased water demand. State law currently limits the authority of counties to deal with land use issues related to rapid growth in unincorporated areas. What authority would you be willing to grant county commissioners and Groundwater Conservation Districts (GCDs) to manage new development activity to ensure that water demand never exceeds water availability?

Calhoun: Development is unavoidable, but it should be managed. Counties should have the authority to place some conservation restriction in the pursuit of protecting access to water and other life sustaining resources. Texas is proud to uphold private property rights, but those rights should stop at resources that the community as a whole need to survive and thrive. Ensuring access and protection of clean drinking water is a priority.

Isaac: Water is our most precious natural resource, and groundwater conservation districts play a critical role in protecting our groundwater. When my husband served in the Texas House, I advocated for and helped pass HB3405 which ensured all of Hays County was in a GCD which protected surrounding landowners from commercial wells. While I do not believe counties should be given more powers to regulate land use — these powers belong to cities — I would be open to further discussion on how we can ensure GCDs can preserve groundwater while still respecting private property rights.

Question 2. Vulcan Construction Materials will have to submit a Water Pollution Abatement Plan (WPAP) outlining best management practices needed in order to protect water quality in the Edwards Aquifer recharge zone for their proposed 1500-acre quarry in Comal County. Water quality and supply are vital to District 73—both as a foundation for the local tourism industry as well as for human consumption, agriculture, and wildlife. Heavy industrial operations, quarries, and mining directly over the environmentally sensitive Edwards Aquifer recharge and contributing zones endanger one of our most precious natural resources—water. When Vulcan submits their WPAP for this facility, how, specifically, will you be involved and what actions will you take as a state representative?

Calhoun: I would have the WPAP evaluated by non-bias third party specialists that can shine a light on any discrepancies or possible issues. I will advocate for any changes and ensure that the company will take full  responsibility for any possible contamination as this would be detrimental to all of HD-73. I want to support industrial growth as we need it, but not to the determent of Texans.

Isaac: I will work closely with TCEQ to ensure water quality and supply is a top priority in consideration for the Vulcan project.

Question 3. There are repeated examples of Texas Hill Country streams experiencing algal blooms and eutrophication following the implementation of wastewater facilities that had been approved by the TCEQ. Would you support requiring TCEQ to use water purity standards tailored to the Hill Country so as not to harm aquatic wildlife?

Calhoun: Algae blooms can be caused by a variety of issues with cleaned water. For example, high levels of phosphorus can lead to algae blooms and increased aquatic plant growth lowering the dissolved oxygen in water being detrimental to fish and continuing to negatively impact the local food chains. When issues like this arise TCEQ needs to determine the cause and implement a solution.

Isaac: I believe we must balance our infrastructure needs with preserving and protecting our environment. One size does not always fit all when it comes to environmental standards. I welcome the opportunity to discuss and research this issue further and determine what, if any, standards should be changed.

Question 4. In 2021, the House Interim Committee on APOs published a report laying out the issues associated with Aggregate Production Operations (APOs). The report spelled out background on each issue, the current regulatory scheme, and recommendations on how to improve the APO industry in Texas. Are you familiar with the report and its recommendations? Which of its recommendations do you think are most important? Are you willing to work across party-lines to enact laws to achieve these goals?

Calhoun: Yes. I’m familiar with the report having read it when it came out. I agree with their suggested interventions and believe they should be implemented.

Isaac: Yes, I am familiar with the report’s recommendations and am willing to work across party-lines to ensure we strike the right balance and ensure a consistent, predictable regulatory environment that protects the environment and private property rights, while ensuring business continues to thrive in Texas.

Question 5. In 2019, Representative Terry Wilson (District 20) introduced HB 509 and Representative Kyle Biedermann (District 73) introduced HBs 3798 and 2871. Will you author and support identical legislation?

Calhoun:I will author and implement similar legislation, with some changes due to unintended consequences these bills may cause for other industries. When we write legislation it should be focused on the issues, we need corrected with little to no unintended consequences as possible.

Isaac: Yes. I have spoken with both Rep. Terry Wilson and Rep. Biedermann on this issue at length, and both have endorsed my candidacy. I believe business and community interests do not have to be mutually exclusive. APOs currently have very little regulation with almost no requirements beyond a standard air quality permit. We must create some sort of regulatory structure around this industry to ensure surrounding private property is protected from harm and nuisance.

Question 6. It has been recognized that the Texas Commission on Environmental Quality (TCEQ) has major, systemic problems related to regulation and permitting of APOs such as quarries, concrete batch plants, asphalt plants, and other similar facilities. With TCEQ up for sunset review in the next legislative session, would you be willing to work with the Texas Sunset Commission to improve TCEQ permitting and their authorization of common-sense rules, oversight, and enforcement? What do you see as the biggest issues facing TCEQ and what needs to be done to solve them? How will you champion institutional change to improve TCEQs reputation with District 73
constituents?

Calhoun: TCEQ was intended to protect the environment of Texas ensuring that growth does not place our environment or Texas residents in avoidable situations that can permanently harm our community. From my experiences I have seen we have patient educated staff at TCEQ, however, legislatively they need to be equipped with tools to do their jobs and protect Texans.

Isaac: The Sunset Process is an excellent opportunity to audit and evaluate state agencies to ensure they are properly serving the people of Texas. I look forward to working with my fellow legislators to improve TCEQ and ensure the agency is more open, transparent, and easy to work with for citizens and private businesses.

Question 7. The mission of Preserve Our Hill Country Environment is to preserve, protect, and restore the land, water, air, wildlife, unique features, and quality of life in the Texas Hill Country against the aggressive and insufficiently regulated expansion of the aggregate industry. Considering our mission and the interest of our over 5,000 members, followers, and supporters, where do our priorities fit in to your legislative agenda? Do you think you can adequately represent our concerns and what will your strategy be to successfully represent District 73 in these undertakings?

Calhoun: There has forever been a fight between industrial growth and residents. But with good reasons as historically we have seen industries do not always on their own priorities the safety and wellbeing of the citizens or the environment. I will always priorities the safety of our community members while supporting industrial and commercial growth we need. I am not an expert in these field however, my goal is to work with experts on both sides to ensure safe environmentally friendly development.

Isaac: Texas is a pro-business state, but that doesn’t mean that industry has free reign to trample on the private property rights of Texans. Industry and growth are essential to the future of our state, but it must be done in consideration of the concerns and needs of the general public to ensure the Texas Hill Country remains beautiful for generations to come.

Justin Calhoun
Barron Casteel
George Green
Carrie Isaac

2022 Primary Elections

Excerpt published in February 19 New Braunfels Herald-Zeitung 

In the newly redrawn House District 73, the hotly contested primary on the Republican side offers voters three choices. The winner will face Democrat Justin Calhoun in the November general election to determine a replacement for Representative Kyle Biedermann.

We are grateful to all four candidates for taking the time to meet with our organization, answer our questionnaire, and discuss issues of environmental importance in Comal and Hays counties: clean air, water quality and quantity, reforming TCEQ, and common-sense supervision of quarries and other aggregate production operations (APOs).

Republican Candidates

During his term as mayor of New Braunfels, attorney Barron Casteel became personally familiar with many of the problems at TCEQ and is ready to tackle them through the ongoing sunset review of TCEQ. He knows Comal County well and is sincerely concerned with the potential for eminent domain abuse should Vulcan Materials attempt to construct a railroad spur running from their proposed quarry to the Union Pacific lines near Interstate 35.

Carrie Isaac, from Dripping Springs, leads a nonprofit focused on assisting veterans. In 2015, she worked with her husband, Jason, during his time as state representative for Hays and Blanco counties, to draft and pass HB 3405, empowering local groundwater conservation districts and increasing protection of the Trinity Aquifer. Ms. Isaac recognizes that standard air permits TCEQ so frequently rubber stamps are wholly inadequate to protect Texans living near these plants.

George Green, former New Braunfels city councilman, is also running.

Both Ms. Isaac and Mr. Casteel, as well as Mr. Calhoun, have made commitments to work with us and other organizations like Texans for Responsible Aggregate Mining (TRAM) to draft and support legislation similar to HB 509, HB 2871, and HB 3798, in the hopes of establishing badly needed rules and requirements for out of control (and often out-of-state) quarries and concrete batch plants.

Barron Casteel and Carrie Isaac both carry some baggage in the forms of campaign contributions and industry connections. But both candidates have assured us that preserving our natural resources is a high priority: either would pick up the mantle of Representative Biedermann and work hard to protect Hill Country citizens and our private property from unnecessary and unacceptable industrial pollution.

Democrat Candidate

In the Democrat primary, Justin Calhoun is unopposed and would also be a welcome representative of our concerns and efforts. Not only does he talk the talk, but Mr. Calhoun invests personally in caring for our environment: he took time out of his busy schedule to join our July Adopt-A-Highway event and clean up the roadside adjacent the Vulcan property. Mr. Calhoun, from Comal County, served in the Army, deployed to Afghanistan, and is now a social worker. He shares our concern with the lack of APO oversight by TCEQ and the critical need to protect our precious natural resources such as the Edwards Aquifer.

Early voting begins on February 14 and election day is March 1, 2022. Visit the Comal County Elections webpage or VoteTexas.gov for polling locations and sample ballots. Candidate responses to our questionnaire are listed below.

Candidate Questionnaire

Preserve Our Hill Country Environment sent a candidate questionnaire to both candidates in January, then followed up with each candidate. Responses from each candidate are shown below verbatim. As per instructions, responses have not been edited for spelling, punctuation, or grammatical errors. “No response received” is shown for any candidate who did not reply.

Question 1. During the 2019 and 2021 legislative sessions, nearly one hundred bills related to quarries, aggregate production operations (APOs), water resources, and TCEQ permitting were introduced. Unfortunately, very few were passed into law. The House Interim Committee on APOs issued a report on the industry in January 2021. Would you author and actively champion legislation identical or substantially similar to HB 509, HB 2871, and/or HB 3798 (86th Texas Legislature)?

Calhoun: YES. The House Interim Committee report makes several recommendation that should be implemented. Placing PM monitors on property lines as a prerequisite to the approval of an air quality permit. Establishing a reclamation plan with an APO stormwater permit to include “Surety Bond” too cover the reclamation cost if the mining project operation ceases. Increased research and impact consideration must be implemented for higher risk environmental areas such as community water reservoir and aquifers.

Casteel: YES.

Green: OTHER. You need a new representative!

Isaac: YES. I have spoken with both Rep. Terry Wilson and Rep. Biedermann, who has endorsed my candidacy, on this issue at length. I believe business and community interests do not have to be mutually exclusive. APOs currently have very little regulation with almost no requirements beyond a standard air quality permit. We must create some sort of regulatory structure around this industry to ensure surrounding private property is protected from harm and nuisance.

Question 2. Does the Texas Commission on Environmental Quality (TCEQ) have major, systemic problems related to regulation and permitting of APOs such as quarries, concrete batch plants, asphalt plants, and similar facilities? If so, what are the biggest issues, what needs to be done to solve them, and how would you help?

Calhoun: YES. The TCEQ was created to protect our environment they need to be held accountable to that job and empowered to perform it. Their primary objective should be the safety and well being of the citizens they have been charged to serve. As an overseeing authority they should function independently from any influencing group or organization. They should be required to have full transparency of all their personal or organizational self interests. They should have a reporting system of failures and equipped to hold fines or remove permits based on history of violations.

Casteel: YES. The TCEQ is facing the Sunset process and that is a tremendous opportunity to reform the commission and ensure it can better take into account the local stakeholders concerns when making decisions at the state level. This must be done.

Green: OTHER. You need a new representative!

Isaac: YES. From what I understand, with the exception of the TCEQ Air Quality Permit, the standard permit allows an applicant to enter various values into a form and if the resulting numbers are below allowable levels the permit is required to be approved within a month. A permit should have to go through an evaluation and not just serve as a rubber stamp.

Question 3. Vulcan Construction Materials will likely soon submit a Water Pollution Abatement Plan (WPAP) for their proposed 1500-acre quarry in Comal County. Water quality and supply are vital to District 73—both as a foundation for the local tourism industry as well as for human consumption, agriculture, and wildlife. Heavy industrial operations, quarries, and mining directly over the environmentally sensitive Edwards Aquifer recharge and contributing zones endanger one of our most precious natural resources—water. When Vulcan submits their WPAP for this facility, how, specifically, would you be involved and what actions would you take as a state representative?

Calhoun: As a state Representative, I will support legislation that ensures the safety standard is up to par with research and national standards. I will ensure that the WPAP meets the standard for safety in our community. It is crucial that the research is specific to this facility, and the research is accurate and unbiased as possible. Our aquifer is a very sensitive area that should be protected from any risk of pollution. We must balance our industrial development with protecting our environment and community.

Casteel: I would ensure that the thousands of homeowners in the vicinity of the proposed quarry, who would be directly affected by its construction, are fully heard and their concerns are addressed by the Legislature. We cannot allow the folks who are directly affected by projects like this to go unheard. Private property rights must be fully upheld at all costs.

Green: You need a new representative!

Isaac: Water is one of our most precious resources in the Hill Country. When my husband, Jason, served in the Texas House, I was very active with him as he fought to expand a groundwater conservation district (GCD) to ensure all of Hays County was in a GCD which protected surrounding landowners from any commercial wells. The bill, HB3405 to “Save Our Wells”, was opposed by the Speaker of the House and team, as well as some of the largest political donors in the state, but we would not be deterred from doing what was right. The bill became law, without the Governor’s signature, in 2017. I will be a relentless fighter and champion of efforts to protect private property and the environment.

Question 4. Eminent domain has recently been used by a Vulcan subsidiary, Southwest Gulf Railroad, to condemn properties that Medina County landowners refused to sell. Now this Vulcan company has built a nine-mile railway to connect a quarry to the Union Pacific line. In Hill Country counties just to the north, Kinder Morgan has used eminent domain to seize land and easements for their Permian Highway Pipeline. What specific actions would you take to help correct the imbalance of power between large corporations and their lobbyists, and regular citizens and landowners when it comes to property rights and eminent domain condemnation?

Calhoun: I will protect property owners from unnecessary eminent domain. Unnecessary eminent domain defined as: when there is an existing alternative that does not impose eminent domain. -Ensure all literature for the proposed plan and purchase agreement is written in plain language. -Allow Market value, Broker Price Opinion (BPO) -Ensure that public meetings are held by the provider for all the property owners that will be affected and the surrounding communities. -Property owners should not be required to financially provide legal services to represent their interests during any condemnation proceedings, or to negotiate on their behalf. -Extend representation to Brokers, Appraisers allow self-representation.

Casteel: As I said in my previous answer, I will not support the use of eminent domain by a private company to violate anyone’s private property rights againt their will. That is a violation of due process and the Fifth Amendment of the U.S. Constitution. The will of private property owners must maintain supremacy.

Green: You need a new representative!

Isaac: Private property rights are the foundation of our country. I believe eminent domain must only be used for infrastructure with truly public benefits. I would need more information before commenting on a specific project; however, I am aware eminent domain abuse is becoming more and more prevalent. I would support legislation to clarify when eminent domain is appropriate. I will fight to prevent low initial offers, improve easement terms and require meetings with landowners. Property owners should be notified of their rights with regard to the use of eminent domain and the entity should be required to petition a court of jurisdiction to show public necessity. Taking of property should result in immediate compensation of fair market value to the owner. These issues should be administered by elected officials accountable to voters. The use of eminent domain must exclude the seizure of private property for private economic development or increased tax revenue.

Question 5. The mission of Preserve Our Hill Country Environment is to preserve, protect, and restore the land, water, air, wildlife, unique features, and quality of life in the Texas Hill Country against the aggressive and insufficiently regulated expansion of the aggregate industry. Considering our mission and the interest of our over 5,000 members, followers, and supporters, why do you think you are the best person to represent District 73?

Calhoun: I have lived in this community my whole life and understand how important it is to balance development and the environment. Our district encompasses some of the most remarkable and pristine sites in Texas, and the Edwards Aquifer is the lifeblood of our community. We have seen growth in our community far beyond what was expected. That growth needs infrastructure and development while minimizing the negative impact on our environment in order to sustain the growth we have seen. I will work with my colleagues to support legislation that improves our approach to air and water pollution that will keep the Hill Country a beautiful and safe place to live and visit. I will be the best choice for District 73 because I am passionate about the community I grew up in, and I understand that we can have successful development here while protecting our environment for generations to come.

Casteel: Absolutely. I will always put the will of the property owner over that of the government or private companies. Our individual liberties – especially the protection of private property – must always be upheld.

Green: You need a new representative!

Isaac: As a resident of the Hill Country for 16 years, I too treasure the beauty of our Hill Country and believe we must wisely steward our natural resources. As a longtime community leader and political volunteer, I’m intimately familiar with this issue, especially when it comes to potential threats to our groundwater and air quality, and am ready to hit the ground running on day one to ensure the proper balance between property rights and protecting our environment. My existing relationships with legislators will allow us to be successful in our efforts to protect the hill country. I am not beholden to any special interests, I will be beholden to the constituents I wish to serve.

Channon Cain
Donna Campbell
Robert Walsh

2022 Primary Elections

Excerpt published in February 19 New Braunfels Herald-Zeitung 

Three candidates are running to represent Senate District 25. Incumbent Donna Campbell is being challenged by Channon Cain in the Republican primary. Democrat Robert Walsh is unopposed.

Senator Campbell’s Record

Unfortunately, Senator Campbell’s apparent interest in protecting Hill Country residents and our natural resources from freewheeling quarries and the aggregate industry seems to be a flash in the pan. While she introduced a few decent quarry-related bills in 2019 (none passed), her track record of supporting legislation unfriendly to Texas citizens is disappointing.

Repeated contributions from TACA, Vulcan, and other APOs to Campbell’s campaigns over the years are concerning. Furthermore, it is telling that her senior policy advisor during the last session is now a government relations manager for Vulcan Materials.

Despite our open-door policy and hundreds of thousands of Hill Country residents desperate for support, Dr. Campbell was unhelpful during the past legislative session. Her reluctance to collaborate on development of real, meaningful solutions to the problems District 25 residents face is disheartening.

Challengers from the Right and Left

Channon Cain, from the Austin suburb of Lakeway, is also running in the Republican primary. He took the time to respond to our candidate questionnaire and sees the need for some protection of residents’ property values and quality of life from the negative impacts of aggregate operations in the Texas Hill Country.

Robert Walsh, Democrat from San Antonio, describes protecting our environment as “crucially important” and makes it a top three issue on his campaign website. He looks forward to the sunset review process for TCEQ as a prime opportunity to implement badly needed reform.

Robert Walsh would be a strong supporter of our organization and our efforts to protect the air, water, and natural resources of the Texas Hill Country.

Early voting begins on February 14 and election day is March 1, 2022. Visit the Comal County Elections webpage or VoteTexas.gov for polling locations and sample ballots. Candidate responses to our questionnaire are listed below.

Candidate Questionnaire

Preserve Our Hill Country Environment sent a candidate questionnaire to both candidates in January, then followed up with each candidate. Responses from each candidate are shown below verbatim. As per instructions, responses have not been edited for spelling, punctuation, or grammatical errors. “No response received” is shown for any candidate who did not reply.

Question 1. During the 2019 and 2021 legislative sessions, nearly one hundred bills related to quarries, aggregate production operations (APOs), water resources, and TCEQ permitting were introduced. Unfortunately, very few were passed into law. The House Interim Committee on APOs issued a report on the industry in January 2021. Would you author and actively champion legislation identical or substantially similar to HB 509, HB 2871, and/or HB 3798 (86th Texas Legislature)?

Cain: YES. I want Texas to be the best place to raise a family and the best place to do business on the planet. This means having a healthy economic environment and healthy communities. In instances such as these, we must have a proper buffer between the two, and I would be willing to support legislation that provides this. Specifically, Kyle Biedermann’s bill, HB 3798, in the 86th Texas Legislature would help safeguard families, communities, and businesses. I would not support anything that obstructs legitimate business interests, but providing this buffer is good for both. I also support Representative Biedermann’s emphasis on both reclamation and air quality. This would ensure homeowners’ property values and quality-of-life are not negatively impacted.

Campbell: No response received.

Walsh: YES. It’s long past time we take action to protect our communities from these extractive industries. I would definitely author and champion bills like the above. The TCEQ is a regulatory agency in industry capture, and we need robust reform during the Sunset process in addition to specific legislation.

Question 2. Does the Texas Commission on Environmental Quality (TCEQ) have major, systemic problems related to regulation and permitting of APOs such as quarries, concrete batch plants, asphalt plants, and similar facilities? If so, what are the biggest issues, what needs to be done to solve them, and how would you help?

Cain: YES. Yes, the Texas Commission on Environmental Quality (TCEQ) does have major, systemic problems related to regulation and permitting of APOs such as quarries, concrete batch plants, asphalt plants, and similar facilities. The biggest issue is that the organization is not protecting families and communities health as they are supposed to do when it comes to regulation and permitting of APOs. More transparency in the permitting process and more local control of issues would help. I would be willing to stand up for the families and landowners in my district and sponsor legislation.

Campbell: No response received.

Walsh: YES. The TCEQ has put much more focus on producing permits than muscularly enforcing its mission. The only actions they have taken are to make permitting easier, by their own admission in Sunset.

Question 3. Vulcan Construction Materials will likely soon submit a Water Pollution Abatement Plan (WPAP) for their proposed 1500-acre quarry in Comal County. Water quality and supply are vital to District 25—both as a foundation for the local tourism industry as well as for human consumption, agriculture, and wildlife. Heavy industrial operations, quarries, and mining directly over the environmentally sensitive Edwards Aquifer recharge and contributing zones endanger one of our most precious natural resources—water. When Vulcan submits their WPAP for this facility, how, specifically, would you be involved and what actions would you take as a state senator?

Cain: As State Senator for District 25, I can promise to be fair, responsive, and decisive when I review such proposals as a Water Pollution Abatement Plan (WPAP) for Vulcan Construction Materials that is proposed for their 1500-acre quarry in Comal County. Protection and preservation of our water supplies is paramount—both for communities and for the local tourism industry that thrives on people who come to recreate in the Hill Country. My objective is to make Texas the best place to raise a family and the best place to do business in the world. I will stand up for Texas families and protect them and their communities.

Campbell: No response received.

Walsh: My plan would be to get as involved as possible in public comment and build a coalition around the local leaders doing review (in the Technical Review process). Without knowing their mitigation strategy, I can say that I would bring some strong skepticism and work to make sure it is extremely robust.

Question 4. Eminent domain has recently been used by a Vulcan subsidiary, Southwest Gulf Railroad, to condemn properties that Medina County landowners refused to sell. Now this Vulcan company has built a nine-mile railway to connect a quarry to the Union Pacific line. In Hill Country counties just to the north, Kinder Morgan has used eminent domain to seize land and easements for their Permian Highway Pipeline. What specific actions would you take to help correct the imbalance of power between large corporations and their lobbyists, and regular citizens and landowners when it comes to property rights and eminent domain condemnation?

Cain: Private property rights are central to Texas and American values and these could be strengthened with more local control in these situations. I will make certain private land owners private property rights are prioritized and protected and that eminent domain only every occurs as a last resort in matters of absolute necessity with no plausible alternative. In the event of eminent domain, private property owners should be compensated for full fair market value, including reasonable damages.

Campbell: No response received.

Walsh: I would support legislation that would bar this use of eminent domain completely.

Question 5. The mission of Preserve Our Hill Country Environment is to preserve, protect, and restore the land, water, air, wildlife, unique features, and quality of life in the Texas Hill Country against the aggressive and insufficiently regulated expansion of the aggregate industry. Considering our mission and the interest of our over 5,000 members, followers, and supporters, why do you think you are the best person to represent District 25?

Cain: We choose to live in the Hill Country because it is a unique and beautiful part of Texas. The small town, farming and ranching culture of SD25 must be protected, and the iconic landscape of the Hill Country must be preserved. My family and I regularly, camp, fish, hunt, tube, hike, bike, swim, run, boat, and spend the day in the outdoors of the Texas Hill Country. I want to preserve this way-of-life for my children and generations to come. I will do what is necessary to protect private property rights, stand up for communities, and make sure families stay safe and healthy in Texas and in SD25.

Campbell: No response received.

Walsh: We must preserve this land for our children and their children. The aggregate industry has fully captured the TCEQ, and without fully utilizing the Sunset process and further, broadly supported legislation, they will continue to. I believe I’m the only candidate in the race that can or will say so, and will act on this, and so I would appreciate your votes.