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.

Stephanie Phillips
Kyle Biedermann

2020 General Election

Kyle Biedermann and Stephanie Phillips once again face each other in the contest for Texas State Representative, District 73.

We are grateful to the incumbent, Mr. Biedermann, for his attentive ear and his efforts over the past few years to help protect HD 73 citizens and our state’s natural resources from out-of-control (and often out-of-state) companies in the aggregate production operations (APO) industry.

Biedermann Bills & Voting Record

Mr. Biedermann worked closely with us prior to and during the last legislative session to author significant, meaningful legislation that would have required quarries to obtain mining permits, required reclamation and restoration of mined land, increased the setback distance for rock crushers, allowed for unannounced inspections of APOs, and required the TCEQ to conduct additional assessments before issuing air quality permits.

Dozens of Comal County citizens traveled to Austin and spoke in support of HB 2871 and HB 3798. Though these bills died in committee, the high level of citizen support led to the establishment of a House Interim Committee on Aggregate Production Operations. And interest in APO-related legislation will certainly be high in the upcoming 2021 session.

During the past legislative session, nearly one hundred other bills related to quarries, concrete batch plants, other APOs, TCEQ permitting, and water issues were introduced. Unfortunately, most of this legislation met a similar fate and never made it out of committee. However, there were three bills that did make it to the floor for a vote: HB 798, HB 907, and HB 2726. On each of these, Mr. Biedermann voted favorably (with our position), sometimes parting ways with his caucus when necessary to protect citizens’ rights and hold the industry accountable.

In recent years, most Republicans haven’t earned reputations as defenders of the environment. But the Sierra Club assigned Mr. Biedermann a 49 percent rating during the 2019 session—the second best rating among Republicans, and a higher rating than a number of Democrats.

Looking Toward 2021

Furthermore, Mr. Biedermann, with the environmental experts on his team, has met with TCEQ, the Edwards Aquifer Authority, and other state agencies numerous times to learn about their processes, culture, and to share concerns of District 73 citizens. Biedermann and his staff were instrumental in the placement of new TCEQ air quality monitors in northern Bexar and Comal County (the only particulate matter air monitor in Comal).

In anticipation of the upcoming 87th legislative session, Mr. Biedermann has been actively working with other legislators, state agencies, and community groups such as ours, laying the groundwork for his legislative priorities.

Kyle Biedermann and his team have put together an array of specific, actionable legislative priorities for 2021 including common-sense restrictions for APOs over aquifer recharge zones, granting certain counties power to regulate locations of APOs (as they already do with landfills), prohibit use of eminent domain by APOs, and imposing additional restrictions and requirements on proposed pipelines. Mr. Biedermann also supports ongoing efforts to establish statewide best management practices (BMPs) for quarries, concrete batch plants, and other aggregate operators.

Stephanie Phillips

Stephanie Phillips’ concern for the environment and passion for clean air, water, and protection of our beautiful Texas Hill Country is abundantly clear. Over the past few years, she has taken the time to meet with us and hear our concerns about quarries, APOs, and TCEQ.

We are confident that her top priorities would include protecting our natural resources and holding polluters accountable—especially those over the Edwards Aquifer recharge zone. She places a special emphasis on forming coalitions of elected officials, community groups, and state agencies to preserve our natural resources and protect the health of HD 73 citizens. She supports increased local control for counties and would work to reform TCEQ and strengthen their regulatory authority.

Ms. Phillips would be a tireless advocate for promoting issues important to our organization and defending the environment.

Our Recommendation

It is a pleasure to have two strong candidates who are both supportive of our efforts and ready to step up to the plate for residents of the Texas Hill Country.

When it comes to issues concerning quarries, other APOs, and problems with TCEQ, Kyle Biedermann and his staff have been solidly behind us and supportive of our cause. His hard work on behalf of District 73 citizens, open-door policy, burgeoning relationships with state agencies and other legislators, and specific legislative solutions approaching the 2021 session earn our endorsement and support.

Early voting begins on October 13 and election day is November 3, 2020. Visit the Comal County Elections webpage 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 by the September 23 deadline.

Question 1. During the 2019 legislative session, 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. Leading up to and throughout the next session, describe your planned approach, tactics, and strategies to pass legislation to protect District 73 citizens and our state’s natural resources from the negative impacts of quarries and APOs.

Phillips: As the Representative for HD-73 I will become an active partner with neighboring elected officials, community groups, Hill Country Alliance, and other stakeholders to build relationships with the existing coalition of environmental groups working to protect the Hill Country, Edwards Aquifer and the recharge zone. There is a very effective coalition that is working on the broader issues of protecting the region and it will be crucial to be an active partner in these efforts. I would also join forces with all working groups at the state lege that are studying the issue, researching solutions and developing legislation to regulate the aggregate industry in TX. In the past session HD-73 was not an active part of this coalition. This issue is a key priority for me, and joining the coalition would be one of my first actions upon being elected.

The Texas Hill Country, especially the recharge zone area that would be impacted by the proposed Quarry, is bio-diverse, uniquely fragile and deserving of protection. Damage to the recharge area and the Edwards Aquifer would negatively impact water resources for millions of central Texans and have a negative impact on property values and the local tourist economy. The rugged landscape and pristine waters are a magnet for tourists and for a growing population that values the area’s natural beauty and the many opportunities for outdoor recreation. The means to successfully passing legislation will be to effectively communicate a vision that makes clear the economic benefits of long term protection of the Comal Springs and Aquifer region as well as the catastrophic regional effects of environmental degradation. The task at hand is largely one of networking, effective marketing, coalition building, communication and understanding your constituency. The most important step is to make this a priority, use the platform of the office and to take responsibility for getting bipartisan support and passing the necessary legislation.

Biedermann: For approximately 10 years the Texas Legislature has proposed levels of legislation to change the current environmental regulations governing aggregate production operations (APO). I am continuing to reach out to local and state organizations like the Texans For Responsible Aggregate Management and other parties to seek their insights and obtain specific language for proposed bills on better managing APO’s.

This past legislative session I used a two-pathway approach for APO’s. One was to pursue adding new regulations for the Texas Commission on Environmental Quality (TCEQ) and the second way was to pursue transferring the TCEQ APO Program to the Texas Railroad Commission (TRRC). The TRRC presently governs surface mining activities for the uranium and coal mining industries. The agency has far-reaching regulations and rules in place that would significantly impact the permitting, inspection, and enforcing of APO’s. I will be meeting again with TRRC Commissioners on this transfer of authority. Also, a law is in place that allows counties the authority to regulate the location of solid waste landfills. I plan to submit a bill that modifies this existing law that will include APO’s. This will only be applicable for Gillespie, Kendall, and Comal Counties and not for other counties in Texas.

Moreover, the APO Interim Charge Committee, which was established last legislative session, will be critical to the future of how Texas governs APO’s. I am closely involved with the discussions and findings of this group. At this time, there is a movement for the state to establish best management practices (BMP’s) for the APO Industry. I am hopeful that if this committee concludes that this is the best approach to take that BMP’s already developed for other states will be seriously considered, that the public, academia, and scientific and environmental organizations will be members of the groups to develop and approve the best BMP’s, and that meaningful and enforceable actions can be taken by the state regulatory agency against APO’s not complying with the BMP’s.

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 will you help?

Phillips: YES. President Harry Truman was famous for his motto “The buck stops here!” It seems that when it comes to finding the necessary tools for making common sense land use decisions, regulation and permitting of APO’s, and enacting basic environmental protections at the local level the buck stops…nowhere. County Commissioners say their hands are tied and they don’t have the statutory authority to enact local regulations. State legislators pass responsibility back to the local Commissioners or the TCEQ. The TCEQ has become so weakened as a regulatory authority that it is essentially functioning as a permitting agency without much ability to require environmental or water impact studies. What we have to understand is that this lack of any regulatory authority is by design. The Texas Legislature can reinstate the regulatory authority of the TCEQ and create an agency that has the teeth to reign in destructive industries. The Texas Legislature also has the power to grant county authorities more local control over citing decisions and the ability to enact local environmental regulations that protect our air and water. Any indication that the responsibility lies with TCEQ to regulate in ways that it no longer can or that County Commissioners have not expressed extreme frustration with their lack of local authority is disingenuous and irresponsible. Meaningful changes that increase local control or strengthen the TCEQ will be shut down by the powerful oil and gas interests in the Texas House until we elect a larger number of Representatives who are not beholden to Empower Texas and other fossil fuel interests.

Biedermann: The TCEQ currently regulates large APO rock quarries via an air quality permit and a water pollution management plan. There are no current permitting requirements for APO’s that address reclamation of the property, identification of how much water is being used and the impact on the source of the water, transportation studies to determine the structural impact on the roadways and to confirm the public’s safety, performance of air particulate studies to determine the quality of air emissions from the entire single facility and the cumulative impact of all closely located APO’s on the community and the involvement and concurrence of other state agencies before the permit is issued. These are critical areas that need to be addressed by the TCEQ before any APO permit is issued and will take legislation to address.

My staff has been reaching out to other states and state organizations to determine how APO’s are being regulated. We are looking at what is working and how the various requirements have been implemented. Additionally, I am working with the senior managers from the TCEQ. I believe the agency can be performing certain studies and assessments that are not required under existing regulations but can be performed using staff and discretionary funding. As part of my strategy to ensure Texans are more fully protected, I am closely working with my Hill Country and other state elected colleagues from other parts of Texas. We all share basic concerns about APO’s and we need to use our combined influences to change the existing APO permitting program.

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 and agriculture. 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?

Phillips: District 73 is heavily reliant on our pristine water for attracting tourists from across the country. The economic impact of the tourist industry is significant and far exceeds the economic benefits of the proposed quarry. In order to preserve the unique beauty of the hill country, and to ensure the economic wellbeing of the district I will strongly advocate for the citizens of HD-73, and fight against heavy industrial operations around the Edwards Aquifer recharge and contributing zones. As Representative, I will use the platform of my office to draw attention to this issue, and combat the misinformation being propagated by Vulcan. A quarry directly over the Aquifer recharge is a danger to the cave and aquifer system as well as a threat to the geologically sensitive Comal Springs. I believe we need to change the way we look at this issue and I take inspiration from the “one water” initiative. One Water promotes management of all water within a specific geographical area as a single resource, that must be managed viably and sustainably. I intend to partner with national organizations as well as local advocacy groups to bring attention to the damages the planned quarry will have on the environment of the hill country. It is a blessing to live in one of the most beautiful parts of the state, and I will work to protect our natural resources for future Texans.

Biedermann: I am not waiting for the submission of the WPAP to the TCEQ. My staff has been in contact with the TCEQ and have identified our significant interest in certain aspects of the WPAP. Due to the proposed location of the Vulcan Construction Materials APO, the TCEQ review should perform an extremely detailed review of all available information regarding the Edwards Aquifer recharge zone. I support the TCEQ calling upon university and college resources and Federal agencies like the United States Geological Survey to assist them in assessing the many different geological and hydrogeological factors associated with locating an APO over any groundwater aquifer recharge zone. Locating an APO over such a highly sensitive groundwater area that is the central source of water to over 2 million people and large agricultural and industrial operations must be pursued with great caution.

I will be continuing my dialogue with the Edwards Aquifer Authority, local university and college academia, environmental organizations, other Hill Country legislators, and other key stakeholders to strengthen my understanding and everyone else’s on locating APO’s over the Edwards Aquifer recharge zone. I do plan on submitting a bill that specifically addresses any APO being proposed to be located over a recharge or transition zone in District 73.

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 is using eminent domain to seize land and easements for their Permian Highway Pipeline. What specific actions have you taken (for challengers, 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?

Phillips: In a survey conducted by Texans for Property Rights, 60% of property owners faced with eminent domain said that the taking was done by a private company and not by the government entity. In addition, only 2% of the respondents felt the initial offers for compensation were fair. The Texas Legislature needs to level the playing field and create a fair process when eminent domain is necessary. It is time to give more protections to private landowners and end abusive practices, particularly by private corporations who use the government-sponsored power of eminent domain.

I would support legislation that provides for significant improvements in the transparency, fairness and accountability of the eminent domain process. Landowners are entitled to public meetings in their own county to better understand why their land is being taken, the taking process, and to have their questions answered. Landowners are entitled to a fair compensation process and Corporations should have consequences when they profit off of seized land or when they offer drastically undermarket bids.

Biedermann: I am on the Land and Resource committee that hears eminent domain bills. I reached out to the leadership of the Texas Railroad Commission and the Texas Commission on Environmental Quality and expressed serious concerns about landowners and the public not being included in these land condemnations. Both agencies stated that they had virtually no authority in the eminent domain process. In this last legislative session, I supported the passage of legislation that would have allowed the public more opportunity to voice their concerns. This bill also allowed landowners being impacted by eminent domain condemnation to receive a more accurate valuation for their property as well as more transparency and fairness in payments for the easement affecting their property.

I have continued discussions with these two state agencies, and as a result, I plan to submit legislation. One bill will call for the elimination of eminent domain condemnation for the aggregate industry. A second bill will call for all future oil and gas pipeline companies to address why the existing rights-of-way for currently used and unused pipelines are not available as well as accountability for the routes of the pipelines. The bill will also include language requiring oil and gas companies to perform an environmental/geological assessment for all pipelines being installed in groundwater aquifer recharge and transition zones and under rivers/streams.

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?

Phillips: Protecting the unique ecology, caves, and living waters of the Hill Country region from destruction by irresponsible and reckless aggregate industry expansion is my number one priority. As your Representative, I will work tirelessly to stand up for the citizens of HD-73, and protect the natural beauty and the biodiversity of our home. I pledge to ensure the safety of our air and water, and not to focus on lining the pocketbooks of those in the aggregate industry. As State Representative I will sponsor legislation to reform TCEQ, grant increased local authority to counties to enact common sense environmental policies, and work to build bipartisan coalitions that will succeed in providing the kinds of protections that we require. The ecological wonder of the Texas Hill Country must be preserved for future generations.

Biedermann: My record is clear and consistent on my commitment to preserve and protect not only District 73 but the entire state of Texas. I am blessed to have one of the most experienced and knowledgeable people on these issues. My staff has brought transparency, expertise, common sense and urgency to these issues. We have been very effective calling out and persuading the powers to be that action is needed now. We are confident that the appropriate legislation will follow.

Colette Nies
Kevin Webb

2020 General Election

Excerpts published in October 24 myCanyonLake.com and October 23 New Braunfels Herald-Zeitung (subscription required)

In the contest for Comal County Commissioner, Precinct 3, Colette Nies is challenging incumbent Kevin Webb.

Colette Nies runs a land and energy research company, and is a Presbyterian chaplain. She holds a master’s degree from UT in social work, a Master of Divinity in ecological theology and pastoral care from Austin Presbyterian Theological Seminary, and is currently in a doctoral program in land, food, ethics, and faith formation. She has also volunteered on numerous committees for the City of New Braunfels and the City of Austin.

Positive Solutions

Meeting with our group, Ms. Nies listened and learned more about the proposed 1500-acre Vulcan quarry, opposition efforts to date, and the decided lack of county involvement in the matter. Relevant issues such as land justice and preservation of natural resources have been her focus for many years and she recognizes the importance of protecting Comal County’s environment—especially the Edwards Aquifer, Comal Springs, and our area water quality and supply—from the over 25 local quarries, concrete plants, and other aggregate facilities.

Additionally, Ms. Nies reached out to our organization and initiated a series of informative video interviews with local biomedical, engineering, and geology experts on air pollution, effects on human health, the Edwards Aquifer, and Comal County caves and caverns.

Ms. Nies brings a positive, “can-do” attitude to this race and has specific, actionable ideas on the table. Two examples of smart, creative solutions include her concept of a conservation commission of scientific professionals to advise Commissioners’ Court, and a 391 regional planning commission to empower the county in matters currently dominated by state agencies. She is also open to collaborating with and learning from neighboring counties and what they have achieved.

Kevin Webb

Kevin Webb is running for his third term as Precinct 3 Commissioner. Mr. Webb has a bachelor’s degree from Texas A&M in recreation, parks, and tourism; is on the Alamo Area MPO Transportation Policy Board; and has been focused primarily on transportation and construction of county buildings.

In March 2018, in response to numerous requests from citizens urging the county to request a contested case hearing as an affected party on the proposed Vulcan quarry, Mr. Webb wrote that commissioners “have no interest in doing a resolution purely for political purposes if it does no good other than to get people off our backs.”

But a couple weeks later, despite having specific, proven tools and examples of other counties who have led the way opposing TCEQ air quality permits, commissioners did exactly that: passed a worthless resolution that failed to support their constituents fighting to protect their health and private property. Seemingly ignoring the data and options provided by Comal County residents, Mr. Webb stated, “this is what we’re capable of.”

“Because We Just Don’t”

More recently Mr. Webb admitted that Comal County indeed has additional authority from the state that they have chosen not to exercise “because we just don’t, we’ve been a conservative county for a long time, and that’s just been sort of the way that we do things.”

Mr. Webb also said, “we are willing to work with anybody that has ideas.” But despite multiple overtures to the commissioner, our ongoing attempts to meet to exchange ideas, explore options, and simply discuss issues related to Comal County quarries and APOs have been met with silence.

More than three years has passed since Vulcan applied for their air quality permit. Unfortunately, it is clear from his responses below that Mr. Webb has still not taken the opportunity to educate himself on the matter. For example, with the air permit, Comal County would only be an affected party if they requested this—and they never did. In his questionnaire response below, Mr. Webb mentions a contested case hearing for the water pollution abatement plan (WPAP); but a contested case hearing isn’t part of the WPAP process at all!

We understand that the intricacies of the TCEQ permitting process are cumbersome and difficult to grasp. But only one of these candidates has reached out, met with us, and educated herself on the details of this battle.

Our Recommendation

Both Comal County Commissioners’ Court races this year feature a sharp contrast between candidates bringing creative solutions and incumbents who are focused on excuses and reasons why they can’t step up to the plate.

In eight years as Precinct 3 Commissioner, Kevin Webb’s list of accomplishments related to protecting our natural resources, preserving open space, and supporting constituents advocating for these is thin to non-existent.

Precinct 3 residents and Comal County citizens are united in our desire to protect our precious water resources, springs, and rivers. Colette Nies is the best person for this job. She has a broad range of experience and knowledge, doesn’t have a problem thinking outside the box, and is focused on what commissioners can do to better protect Comal County citizens and our natural resources. She would bring a refreshing and much needed change to Commissioners’ Court. We strongly recommend Colette Nies for Comal County Commissioner, Precinct 3.

Early voting begins on October 13 and election day is November 3, 2020. Visit the Comal County Elections webpage 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 by the September 23 deadline.

Question 1. Texas counties do not have the same powers as cities when it comes to zoning and certain types of regulation. However, counties do have many tools available to protect the health and safety of their citizens against the well-documented risks of air and water pollution from quarries and other aggregate production operations (APOs). Some of these tools include the ability to participate in contested case hearings as an affected party, issue a county-wide moratorium, form a commission to require TCEQ coordination with local authorities, and create a comprehensive county development plan. These tools have already been and are currently being used by other Texas counties. The aggregate industry and their shell companies now own over 25,000 acres in Comal County: seven percent of the entire county land area. Which of these tools have you used (for challengers, would you use) to support your constituents who are concerned about our natural resources and the health effects of the proposed Vulcan Materials quarry and future aggregate facilities in Comal County? (Selection options: Contested Case Hearing, Moratorium, Commission, Development Plan, Other.)

Nies: CONTESTED CASE HEARING, COMMISSION, DEVELOPMENT PLAN. Commissioner’s Court needs to create a Conservation Commission of scientists, geologists, ecologists, economists, and other professionals to gather data and advise the Court on behalf of the citizenry related to all things air and water quality, land conservation, native species and habitat protection, environmentally sensitive areas, recharge zones, soil infiltration, land grant opportunities, establishing regional partnerships, etc. This would give great insight to the court in how they may respond to over-development, how to verify TCEQ data, health disparities, and to document future planning. This will encompass more than the aggregate challenges and allow for an educated, scientifically-based responses to growth. For Comal County to rely solely on attorney-client privilege or permitting organizations with excessive ethics violations, to make complicated environmental decisions on behalf of the entire public without scientific insight is short-sighted, economically irresponsible, and ultimately undermines the power of the county. Open communication with other counties or organizations that have successfully averted aggregate mining operations on environmentally sensitive areas, as well as protected constituents from eminent domain, pollution, and massive financial property losses, need to also be considered. I personally have been involved in land issues (ownership-wise as well as ecologically) for decades. There needs to be a paradigm shift by those who govern to acknowledge and cease perpetuating the fallacy that financial responsibility and ecological stewardship are opposed to one another. History, as well as data, shows us that protecting sensitive areas and natural resources ensures future economic wellbeing and stability.

Webb: If Comal County is an affected party as defined by TCEQ and I feel like it is in the best interest of our citizenry, I will support our participation in a contested case hearing. While I do believe that private property owners should be able to do what they want with their land, I also believe we’d be better off with other types of more environmentally friendly development. These other options listed are either not in our purview or would be meaningless as they hold no real and usable power or authority. If I didn’t know better, I’d think all of these things are fine ideas, but we’ve diligently worked through and researched all of our options. The truth is that they would have no bearing on an application to TCEQ. It is critical that people understand that while the Office of Public Interest Counsel (OPIC) may advocate for a county or municipality to be an affected party, only those named as such by the administrative law judge (SOAH) or Executive Director of TCEQ will be granted that status and can request a contested case hearing. Anyone can claim that status and the OPIC will certify them, but they will ultimately be rejected if they don’t fit TCEQ’s definition of an affected party.

Question 2. Vulcan Construction Materials will likely soon submit a Water Pollution Abatement Plan (WPAP) for their proposed 1500-acre quarry in Comal County. In recent years, Texas counties such as Kendall, Kerr, and Burnet have supported their citizens by contesting or opposing TCEQ permits for rock crushers. Water quality and supply are vital to Comal County—both as a foundation for the local tourism industry as well as for human consumption and agriculture. 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 Comal County commissioner?

Nies: Groundwater management and the importance of base flow for rivers, quality of springs and aquifers, and how those are affected by droughts and environmentally damaging industries are of utmost importance. We need to manage water resources and protect our water supply from over pumping and this needs to be in the forefront of Comal County over the next few decades. All documents and research that Vulcan submits when applying for their WPAP, as well as TCEQ, shoud have full transparency and be available to the public for viewing before being (if) approved. This would allow County staff and the public to request an inspection of any and all documents with the NREQ. The South Central Texas Regional Planning Group, Region L in its next 5 year regional planning session needs to implement more progressive water management strategies to be coordinated and supported by the Texas Water Development Board and Groundwater Districts (GMA’s) to emphasis conservation regarding groundwater supplies and usage.

Webb: As a commissioner I will not seek a contested case hearing as Comal County is not an affected party as defined by TCEQ. The statute specifically states that the county must be affected in a manner not common to members of the general public. We are affected precisely as is the general public as we have no facilities near the quarry and none of our operations are directly adversely affected. If, for example, if the quarry was within a half mile of the Road Department offices or another county facility where our employees would be directly adversely affected, we may be considered an affected person/party and could rightfully request a contested case hearing—which I would likely support. I will ask our partners in other agencies like the Edwards Aquifer Authority what their authorities are in regard to this application and see what they may be able to do to protect our water resources.

Question 3. Comal County is home to numerous natural features, including many amazing caves and caverns. In 2019, local landowners discovered a brand-new chamber in Double Decker Cave, located less than a mile from the proposed Vulcan quarry site. New passages are being explored in Natural Bridge Caverns, just a few miles south of the planned quarry. Just to the west, Honey Creek Cave is the longest known cave in the state of Texas, currently measuring over 22 miles. Unfortunately, Texas allows quarries, such as the nearly three-mile-long facility proposed by Vulcan Materials, to destroy caves encountered during the blasting and mining processes. The next Natural Bridge could be at risk of destruction—even before it is fully explored. Aquifer recharge features such as sinkholes and caves are also in jeopardy. As a Comal County commissioner, what specific actions have you taken (for challengers, would you take) to identify and protect caverns, caves, and other unique geological formations that are so abundant throughout the county—especially the area in and around the proposed Vulcan quarry?

Nies: Caves are integral to our groundwater system. These ecological formations create a giant funnel system for the pollutants and runoff of the APO’s to directly enter the environmentally sensitive Edward’s Aquifer Recharge Zone (EARZ). This aquifer is the only one in the state that is considered a sole source aquifer and 90% of the water flows through Comal County. This puts a much greater priority of Comal County to do its due diligence to not only safeguard the water supply of almost 2 million people, but to protect it from contamination due to pollution and waste. Due to the great number of areas that have not been mapped, we simply do not know what ecological wonders may be destroyed or how the collapsing of a cave system will have long term affects on the aquifer system as a whole. As your next Commissioner, my plan is to heed the advice and academic research on steps that need to be taken to ensure the protection of our environmentally sensitive areas and caves system here.

Webb: The county doesn’t and shouldn’t have the authority to interfere with private landowners on their land in these matters. If people wish to preserve the natural resources on the land they own, I would work to help them to try to find ways to do that through state and private organizations that work in this field. We’ve had conversations in this regard as recent as earlier this year and I’m hopeful more people will come forward to help preserve these resources. I am happy to work on preserving land with people in conservation easements, habitat conservation preserves, and through the county’s outright ownership of land to preserve open space and our beautiful natural areas. The challenge is securing partners and funding to do these things and I have worked and will continue to work on it. While I work primarily on transportation issues for the county due to the urban nature of Precinct 3, my degree from Texas A&M is actually in Recreation, Parks, and Tourism, and open space is a serious interest of mine.

Question 4. Texas law (TCAA § 382.111, 382.015) states that counties have the same authority as TCEQ to monitor and inspect air quality and emission violations, including the power to install and operate air quality monitors, and to enter public or private property to determine if permitted plants are exceeding allowed emission levels. Harris County has already done this and operates multiple county-owned air monitors to help protect its citizens. Have you (for challengers, would you) helped protect Comal County citizens by actively supporting the installation and operation of county-owned air quality monitoring equipment and initiating periodic inspections of aggregate facilities by Comal County to supplement the gaps in TCEQ air monitoring and oversight? (Selection options: Yes, No.)

Nies: YES. Absolutely. Comal County has twice the rate of asthma than the national average. The vulnerable aging population is highly susceptible to health issues related to air quality and particulate matter 2.5 produced through the aggregate operation industry. We are in the process of having close to 50K residents retire in the near future and are at risk for a variety of air quality associated diseases and co-morbidities. However, Comal County cannot make decisions about how to protect our air quality if we do not have sufficient data specific to our area analyzed and reviewed by us. Comal County needs to have numerous PM 2.5 air monitors installed to collect data 24/7 for a minimum of 3 years. Comal County would also benefit from a Dark Sky Initiative to curb light pollution and modernize antiquated lighting systems.

Webb: I have not supported the installation and operation of county-owned air quality monitoring systems. We have no subject matter experts in this field, no budget to support it, and no desire to enter private property to do this. It would be a huge expansion of county government, an enormous expense, and a massive intrusion on the property rights of our landowners. Because air quality issues are generally regional, the state entrusts TCEQ with these responsibilities and we have asked them to enforce their rules. We should continue to request that the State require that its agencies enforce their regulations and fund their departments at levels which will allow them to do that important work. Each county having its own air quality rules or enforcement systems would be impossible for businesses and residents navigate, and I don’t support that.

Question 5. Westward Environmental provides consulting services to aggregate companies such as Vulcan. Texas Aggregates and Concrete Association (TACA) is a lobbying group representing Vulcan Construction Materials and other aggregate companies. Did you communicate with or have contact with, or receive campaign contributions from Vulcan, Westward, TACA, or any representatives or their subsidiaries prior to public notice of permit application number 147392L001 in July 2017? (Selection options: Yes, No.)

Nies: NO. No, nor have I after July 2017. I also support 100% full financial transparency in political donations (in kind or other) in any amount.

Webb: I haven’t received any contributions or donations from them and I don’t believe I’ve spoken with them. That’s not how things work in Comal County. We do what the law says that we should do regardless of the parties involved and any implication otherwise is just flat out wrong. I think a lot of opportunities for cooperation were squandered early on in this process due to the type of mistrust engendered in this question. It is my hope that as we go forward and people more clearly understand our true role and what we can do to help, we can come together and work side by side on these things.  I think we will have other developments like this is the future, and if we are not united—at least to some degree—the results are sadly predictable. Consensus and compromise are hard at times, but that’s the business we’re often in.  We have to be able to share ideas, work through all the possibilities, and even disagree on certain things while still collaborating on other issues if we are going to be successful in protecting our environment—or in just about anything else.

Question 6. Comal County is experiencing rapid growth, much of which is occurring in unincorporated areas. County commissioners have claimed they have insufficient authority when it comes to regulating incompatible land use or protecting citizens against threats to their health and property. What specific actions have you taken (for challengers, would you take) to rectify this lack of authority and foster a reasonable and predictable approach to development that protects all property owners?

Nies: County governments can implement initiatives to value the collective knowledge of experts and organizations in their planning to strengthen local control. This can happen through establishing commissions to protect citizens and the landscape/wildlife. Developing a Parks and Open Space Commission, (i.e. Conservation Commission), a 391 Commission, as well as other measures like promoting green infrastructure and establishing better groundwater models/air quality monitors. While not implementing zoning changes, the county can encourage developers move
through the process quickly if they limit lot sizes, create plans that protect the watershed, add rain water collection systems and reclamation practices, build communities around open space, plant native species and grasses to promote carbon sequestering and water absorption, refuse to clear cut large areas at time, etc. We can formalize and establish bond initiatives (here and join with other counties) that work with land grants, regional partnerships, and private landowners, etc. to approach new strategies in development, promoting conservation, and mitigating growth. Working with the City of New Braunfels and other cities on providing housing in more populated areas would also reduce urban sprawl and rejuvenate areas that need better infrastructure and access. The County needs to focus on modernizing storm water engineering to also reduce runoff pollution and seriously look into the permeable groundcover effects on runoff and absorption.

Webb: In the past, Comal County asked the legislature repeatedly for more local control without results and there is no reason to believe that has changed. It just puts our local state legislators in a no-win situation as those bills won’t go anywhere. I’m also not a proponent of giving counties zoning authority, and that’s what is likely hinted at by “foster a reasonable and predictable approach to development that protects all property owners.” There are cities and unincorporated areas with POAs and HOAs where people can choose to live with those protections. A lot of people move out into the county to be away from exactly those things. With the authorities we do have, we are enforcing our subdivision, on-site sewage facility, and floodplain regulations, working through our Regional Habitat Conservation Plan to mitigate habitat loss of endangered species, and working with area partner agencies and landowners in an attempt to create our own RHCP preserve. These and other efforts to preserve open space so that incompatible land uses are minimized will continue and hopefully expand.

Question 7. 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 is using eminent domain to seize land and easements for their Permian Highway Pipeline. What specific actions have you taken (for challengers, 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?

Nies: County Commissioner’s have the right to establish a 391 Regional Planning Commission. This is one way to level the playing field and influence the consideration of local landowners and regular citizens to have a seat at the table and help correct the imbalance of power of large corporations and lobbyists. The 391 Commission would give local government more power to demand local impact studies and analyses, as well as invoke coordination between state agencies and municipalities. Because a 391 Planning Commission is considered a political subdivision of the State of Texas, it brings a balance of power to counties, school districts, etc. and may also improve inefficiencies for local government when unmitigated growth is normally in the hands of TCEQ and TXDOT. There are numerous ways in which county governments can reestablish local control and the rhetoric of “we cannot do anything” needs to stop. There is always something commissioners can do on behalf of their constituents. If they tell you that, then you should vote them out.

Webb: Personally, I’m not a proponent of eminent domain. I imagine there are conditions where it is necessary in emergency situations, but I struggle to come up with a circumstance where I could support it. I think if there was an issue where a corporation was trying to take land from our citizens in Precinct 3 that didn’t involve an obvious, immediate, and overwhelming public necessity, I’d work with our citizens and state and other partners against it.

Lindsay Poisel
Donna Eccleston
Ivan Foster

2020 General Election

Excerpt published in October 16 New Braunfels Herald-Zeitung (subscription required)

Incumbent Donna Eccleston is running for her fourth term as Precinct 1 Comal County Commissioner. Unfortunately, Ms. Eccleston has a history of unresponsiveness when it comes to representing her constituents and Comal County citizens. During her 11 years on Commissioners’ Court, countless emails and calls to her have gone unanswered. While she wrote a letter to TCEQ in 2017 requesting a public meeting and attended one meeting, talk is cheap (and so are letters). When it comes to meaningful actions related to the proposed Vulcan quarry, Ms. Eccleston has done nothing.

Vulcan Quarry

While she says she supports “collaboration with nonprofits,” Ms. Eccleston has repeatedly ignored invitations from our group to meet and discuss the planned 1500-acre open-pit mine and other environmental issues important to Comal County citizens.

On March 22, 2018, in Commissioner’s Court, citizens urged Ms. Eccleston and her fellow commissioners to postpone a vote on a pointless, do-nothing resolution until it could be revised to effectively support area citizens fighting the quarry. Despite having specific actionable tools and examples of other counties who have led the way opposing TCEQ air quality permits, commissioners seemingly ignored their constituents and passed the resolution anyway. By supporting this impotent resolution, Ms. Eccleston continued to side with an out-of-state corporation rather than the citizens she was elected to represent.

(While she did request a public meeting in 2017, Ms. Eccleston and fellow commissioners refused to request a contested case hearing with the county as an affected party. While the difference may seem minimal, there is actually a huge distinction between the two as defined by TCEQ. According to Texas statute, counties do have standing in such matters. Had Comal County requested a contested case hearing, the county would doubtless have been named an affected party, as have other counties in similar cases.)

County Authority & Efforts

During the 2019 legislative session, numerous county judges and commissioners from other counties like Burnet, Kendall, and Victoria made the trip to Austin to support good bills that would protect the health and safety of their citizens—and our state’s natural resources—from unregulated aggregate mining activities. Sadly, Donna Eccleston was not among them. Ms. Eccleston says she supports legislation giving counties more authority, but where was she at the Capitol last year when relevant bills were in committee?

When asked in a recent video interview about preserving open space and setting aside land for county parks, she stated: “We don’t have the resources, particularly with the new changes in the legislature, to assign a lot of that, our budget or whatever, to these types of things because we have to maintain the courts.” Even though other counties have figured out how to both build infrastructure and fund parks and open space, in Comal County, it is apparently an either-or proposition.

Precinct 1 constituents are tired of alternately being ignored and talked down to by their commissioner. We are not asking the county to implement zoning, supersede state authority, or reach beyond the authority granted them by Texas law. We are weary of our county commissioners passing the buck to the legislature and TCEQ.

Lindsay Poisel

Lindsay Poisel has met with our group and exchanged meaningful ideas about solutions and tools that other Texas counties have successfully used. She is concerned about preserving our natural resources, holding polluters accountable, and protecting the health and safety of Comal County residents. She believes it is important and necessary to monitor local air quality to maintain the lifestyle we expect, and she supports county-operated air monitors and periodic inspections of aggregate facilities and quarries by the county.

Ms. Poisel’s experience includes overseeing environmental impact reports and identifying mortgage-related fraud. Currently she is employed as an executive recruiter, often working closely with various government agencies such as the SEC, FTC, and Department of Justice.

Ivan Foster

The third candidate in this race, Ivan Foster, did not respond to our questionnaire or meeting requests. Mr. Foster owns a landscaping company and his primary focus appears to be lowering county taxes “as close to zero as possible.”

Our Recommendation

Precinct 1 deserves a commissioner who listens to citizens, pursues outside-the-box solutions, and takes appropriate action—not someone who settles for offering excuses why something can’t be done. It’s time for fresh ideas and new blood at Comal County Commissioners’ Court. We support and recommend challenger Lindsay Poisel in Precinct 1.

Early voting begins on October 13 and election day is November 3, 2020. Visit the Comal County Elections webpage 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 all three 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 by the September 23 deadline.

Question 1. Texas counties do not have the same powers as cities when it comes to zoning and certain types of regulation. However, counties do have many tools available to protect the health and safety of their citizens against the well-documented risks of air and water pollution from quarries and other aggregate production operations (APOs). Some of these tools include the ability to participate in contested case hearings as an affected party, issue a county-wide moratorium, form a commission to require TCEQ coordination with local authorities, and create a comprehensive county development plan. These tools have already been and are currently being used by other Texas counties. The aggregate industry and their shell companies now own over 25,000 acres in Comal County: seven percent of the entire county land area. Which of these tools have you used (for challengers, would you use) to support your constituents who are concerned about our natural resources and the health effects of the proposed Vulcan Materials quarry and future aggregate facilities in Comal County? (Selection options: Contested Case Hearing, Moratorium, Commission, Development Plan, Other.)

Poisel: I would like to create a commission that works directly with the State in order to require the TCEQ coordinates with local authorities to place air quality monitors near the site and around the community. The commission would also be responsible for initiating periodic inspections of aggregate facilities by Comal County to supplement the gaps in TCEQ air monitoring. The commission would include environmental experts to protect the health and safety of our citizens.

Eccleston: CONTESTED CASE HEARING. I did request hearings for the citizens on this issue in the summer of 2017 when this first came to my attention, after the land was already sold. Comal County does not qualify as an affected party and has no standing with the State on this issue. I recommended people contact their state representatives directly as did I on your behalf. They are the authority to effect change through the legislature which gives TCEQ its budget and guidelines. We have and will continue to advocate at the legislature. We cannot do moratoriums and a county created commission can never supersede the authority of the State. Counties who have attempted this in the past were rejected. Counties have no zoning powers, so we cannot confine industry to specific areas as can incorporated cities, with one exception – we can and do restrict sexually orientated businesses to keep them away from neighborhoods, schools and churches. We have and will continue to seek conservation easements to preserve open areas when offered. However, property owners cannot be told to whom or when they can sell their property.

Foster: No response received.

Question 2. Vulcan Construction Materials will likely soon submit a Water Pollution Abatement Plan (WPAP) for their proposed 1500-acre quarry in Comal County. In recent years, Texas counties such as Kendall, Kerr, and Burnet have supported their citizens by contesting or opposing TCEQ permits for rock crushers. Water quality and supply are vital to Comal County—both as a foundation for the local tourism industry as well as for human consumption and agriculture. 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 Comal County commissioner?

Poisel: If elected, I would also support the citizens of Comal County in contesting and opposing TCEQ permits for rock crushers. Whether this means drafting letters of support or attending TCEQ hearings, I will stand with the citizens of Comal County to ensure our land, air, and water remain safe for our citizens.

Eccleston: There is no question that water quality and supply are vital. We elected our representatives to the Edwards Aquifer Authority (EAA) to ensure the health of that vital resource. Ron Watson from Vintage Oaks is our district representative. The EAA’s mission is to protect the Aquifer and they have the staff and expertise to do the job. I was personally involved in the stakeholders committee that eventually resulted in the long-awaited Comal Trinity Groundwater Control District (CTGCD).  This was an important milestone since the Trinity Aquifer underlies the Edwards Aquifer. The EAA and the CTGCD were statutorily created to protect out water sources. I will continue to voice the concerns of our citizens to the TCEQ as I have in the past and seek hearings where appropriate. The TCEQ Chairman directly referenced my concerns during the hearing on the Dry Comal Creek/Meyer Ranch development, for example. My advocacy with the legislature has never stopped on behalf of Precinct 1 and Comal County. When an activity occurs in a county it does not automatically make that county an affected party. The counties referenced above were not affected parties and were rejected. The courts were very clear.

Foster: No response received.

Question 3. Comal County is home to numerous natural features, including many amazing caves and caverns. In 2019, local landowners discovered a brand-new chamber in Double Decker Cave, located less than a mile from the proposed Vulcan quarry site. New passages are being explored in Natural Bridge Caverns, just a few miles south of the planned quarry. Just to the west, Honey Creek Cave is the longest known cave in the state of Texas, currently measuring over 22 miles. Unfortunately, Texas allows quarries, such as the nearly three-mile-long facility proposed by Vulcan Materials, to destroy caves encountered during the blasting and mining processes. The next Natural Bridge could be at risk of destruction—even before it is fully explored. Aquifer recharge features such as sinkholes and caves are also in jeopardy. As a Comal County commissioner, what specific actions have you taken (for challengers, would you take) to identify and protect caverns, caves, and other unique geological formations that are so abundant throughout the county—especially the area in and around the proposed Vulcan quarry?

Poisel: If elected, I would look into different ordinance that could be passed that would keep these beautiful caves and caverns intact. I would also like to work with the state to give counties in Texas more authority over their land and the best use for it. While the county has limited resources at this time, I believe if we work with the state to pass laws allowing more authority at the county level, we will be able to ensure safe air and water quality.

Eccleston: We all agree those are valuable and important treasures in any county or state. The county has no visibility or detailed knowledge of these features on private property, nor do we have any oversight on their use or protection. Any specific efforts to preserve such features are up to the property owners, and any mandates needed to protect such features lies with the state and legislature. Education, conservation easements and help from nonprofits are all important to these efforts. I worked a land donation to establish the Curry Nature Center in Precinct 1. It takes time and effort, and a willing property owner. It’s worth the effort and I will continue to seek to acquire protected land for conservation easements in the county.

Foster: No response received.

Question 4. Texas law (TCAA § 382.111, 382.015) states that counties have the same authority as TCEQ to monitor and inspect air quality and emission violations, including the power to install and operate air quality monitors, and to enter public or private property to determine if permitted plants are exceeding allowed emission levels. Harris County has already done this and operates multiple county-owned air monitors to help protect its citizens. Have you (for challengers, would you) helped protect Comal County citizens by actively supporting the installation and operation of county-owned air quality monitoring equipment and initiating periodic inspections of aggregate facilities by Comal County to supplement the gaps in TCEQ air monitoring and oversight? (Selection options: Yes, No.)

Poisel: YES. I would absolutely help protect Comal County citizens by actively supporting the installation and operation of county-owned air quality monitoring equipment and initiate periodic inspections of aggregate facilities by Comal County to supplement the gaps in TCEQ air monitoring. Living in an area where people enjoy boating, hiking, floating the river, and listening to live music outdoors, it is extremely important and necessary to monitor the air quality of our area to maintain the lifestyle we all moved here to enjoy.

Eccleston: I have stated many times a reasonable requirement from TCEQ is to increase air quality monitors. I have and will continue to request they do so. Comal County has neither the expertise nor the resources to take on this task. It would require a large expansion of taxpayer-funded governmental bureaucracy for our county government to duplicate the State’s responsibilities. The State/TCEQ should be responsible for these measures. Harris County is able to perform this task (unrelated to quarries) because it is a county of over 4 million people with its own science department that receives both state and federal funds for this effort. By comparison, Bexar County’s Environmental Services Dept. does not perform these functions on the many quarries in Bexar County and they have a population over 2 million. Comal County has approximately 160,000 people.

Foster: No response received.

Question 5. Westward Environmental provides consulting services to aggregate companies such as Vulcan. Texas Aggregates and Concrete Association (TACA) is a lobbying group representing Vulcan Construction Materials and other aggregate companies. Did you communicate with or have contact with, or receive campaign contributions from Vulcan, Westward, TACA, or any representatives or their subsidiaries prior to public notice of permit application number 147392L001 in July 2017? (Selection options: Yes, No.)

Poisel: NO. I have not had any communication with TACA prior to public notice of permit application number 147392L001 in July 2017.

Eccleston: NO. I have never taken any contributions from these businesses. I did not know Mr. White had sold his ranch until Vulcan representatives informed me at the courthouse that they had purchased the former White Ranch.

Foster: No response received.

Question 6. Comal County is experiencing rapid growth, much of which is occurring in unincorporated areas. County commissioners have claimed they have insufficient authority when it comes to regulating incompatible land use or protecting citizens against threats to their health and property. What specific actions have you taken (for challengers, would you take) to rectify this lack of authority and foster a reasonable and predictable approach to development that protects all property owners?

Poisel: I realize that the reason most people moved out here is to have more freedom with their land. It is one of the reasons we moved here as well. With that being said, if we would like to continue to enjoy this beautiful hill country, we must work with the state to preserve our community’s beauty. Because the county is limited on their authority, I would begin by reaching out and working with the State Legislation to see what bills we can pass that would allow counties to have more authority when it comes to regulating land use and protecting citizens from threats to their health and property. Once the county has more authority, we can begin to put things in place such as working with experts in regards to air monitoring systems that would monitor air quality and enforce compliance where needed.

Eccleston: Counties only have specific statutory authority. Any changes in authority have to come from the legislature. I have given testimony and continue to advocate with the legislature and the state for necessary tools.  We will continue to advocate with our representatives, but it takes every voice. Every county is unique and each need unique tools for their unique situations. Counties generally have rural tools but some, like us are experiencing more urban issues with our rapid growth. For now, we have no zoning power and can only control the location of sexually oriented businesses.

Foster: No response received.

Question 7. 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 is using eminent domain to seize land and easements for their Permian Highway Pipeline. What specific actions have you taken (for challengers, 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?

Poisel: To be honest, I am not sure how to correct the imbalance of power between large corporations and their lobbyists, and regular citizens and landowners when it comes to eminent domain. I can tell you that I will support the landowner’s rights and will fight for what is best for our community. Public hearings need to be held and every landowner’s voice should be heard before authorizing the use of eminent domain.

Eccleston: I am opposed to eminent domain except for express public necessity like a highway or road with high fatalities that needs to be improved, and only after other options have been exhausted.

Foster: No response received.

Donna Campbell vs. Steven Kling (2018)

Excerpt published in October 28 New Braunfels Herald-Zeitung (subscription required)

We are encouraged by the recent interest Senator Donna Campbell has shown in the need to protect Hill Country residents and natural resources from the freewheeling aggregate industry. But we must give greater weight to the actions she has taken during her six years representing District 25.

Her voting record reveals that Dr. Campbell is often on the wrong side of legislation when it comes to the state’s natural resources and citizens’ rights on environmental issues. For example, in 2015, she voted for SB 709, making it even more difficult for individuals to contest TCEQ air quality and other permit applications. In 2017, she supported SB 1045, eliminating a required public notice period for certain air pollution permits. Dr. Campbell’s track record of siding with large polluters is not encouraging.

In an August 2017 letter, Senator Campbell wrote “that the process, conducted and overseen by the TCEQ, is the best way to assure that desired land use does not have a detrimental effect on the environment or health of nearby residents.” This statement is concerning in light of myriad violations, poor enforcement, TCEQ’s inability to sufficiently monitor pollution, and health issues arising in neighborhoods near existing aggregate plants. While we are optimistic about Dr. Campbell’s recent attentiveness to our cause, her reluctance to collaborate on development of real, meaningful solutions to the problems Hill Country residents face, and continued opposition to even a limited level of local control is disheartening.

In contrast, challenger Steven Kling has actively been involved in learning about our efforts, exploring possible solutions, communicating with officials, and attending public meetings. Mr. Kling cites water, rapid development, and community control as issues of importance. He supports common-sense regulations to rein in the over-aggressive quarry and concrete companies, and is not supported by corporate donors or lobbyists in the aggregate industry. Mr. Kling is a U.S. Army veteran and small businessman.

In the upcoming legislative session, we look forward to working with whomever represents District 25 on the aggregate-related issues that are critically important to Comal County and Hill Country citizens. But elections require us to make choices. And when it comes to protecting District 25 citizens against corporate polluters and defending the natural resources of Texas, Steven Kling is the better choice.

Candidate Questionnaire

Preserve Our Hill Country Environment sent a candidate questionnaire to both candidates in late August, then followed up with each candidate multiple times by email and phone. 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 by the October 15 deadline.

Question 1. Texas requirements for aggregate mining (rock quarries) are very minimal compared to other states. For example, unlike Colorado and Wyoming, Texas has no requirements relating to quarry blasting, water usage, ore and product transport, or site reclamation. While the State of Texas currently regulates these areas for coal and uranium miners, aggregate miners are not required to follow similar rules. Would you support legislation that standardizes these rules and requires aggregate miners to meet the same standards that coal and uranium miners currently meet?

Campbell: No response received.

Kling: YES. There should be stricter regulations for any land use that involves mining of any sort and counties should be empowered to enact further restrictions as their citizens see fit.

Question 2. Aggregate companies own and are purchasing large tracts of agricultural and ranch land for quarry, cement, and asphalt operations, in many cases creating incompatible land uses, severely reducing the value of nearby homes and ranches, and threatening the health of surrounding residents. County governments have little authority when it comes to regulating incompatible land use in unincorporated areas. Would you support legislation to grant such authority to county governments to implement common sense land use rules and monitoring of aggregate plants at a local level, thereby fostering a reasonable and predictable approach to development that protects all property owners?

Campbell: No response received.

Kling: YES. Furthermore, Texas counties need additional authority to plan, zone and regulate use of commercially owned property. There should be legal distinctions between individual/family land ownership and commercial.

Question 3. The Texas Hill Country possesses 80 percent of all limestone quarried in Texas. The process for obtaining TCEQ air quality permits includes an option to grant these permits without giving citizens the opportunity to contest the permit application through the State Office of Administrative Hearing. Additionally, TCEQ has recently eliminated and shortened key public notification requirements for certain permits. What specifically will you do to fix the broken TCEQ permitting process and ensure that our natural resources such as air and water are adequately protected in the future?

Campbell: No response received.

Kling: State gov’t has gone entirely too far in favor of protecting profits of donors at the expense of our environment and the health, safety, quality of life and property values of the citizens it should protect. TCEQ has a dismal < 2% enforcement rate. I am in favor of restoring and strengthening notification requirements and requiring any citizen communiques to include statements by organizations registered in opposition be they citizen, environmental, regulatory or otherwise.

Question 4. Vulcan Construction Materials is a large, out-of-state quarry and cement plant operator. Westward Environmental provides consulting services to aggregate companies such as Vulcan. Texas Aggregates and Concrete Association (TACA) is a lobbying group representing Vulcan and other aggregate companies. Have you or your campaign ever received any monetary or in-kind contributions from Vulcan, Westward, or TACA?

Campbell: No response received.

Kling: NO. I never have and never will take contributions from corporations or corporate interest groups. Doing so is the easiest way to sow doubt among constituents about who their electeds are really representing in the state house.

Kyle Biedermann vs. Stephanie Phillips (2018)

Excerpt published in October 28 New Braunfels Herald-Zeitung (subscription required)

Since Vulcan Materials filed the permit application for its proposed Comal County quarry, Representative Kyle Biedermann has worked to stay informed, meet with concerned citizens, and learn more about the aggregate-related problems that face many Texas counties.

While his voting record on environmental issues isn’t perfect, it’s encouraging that Mr. Biedermann broke ranks with many of his party members to support HB 1862, a bill that would better protect several Texas stream segments and give more authority to local water planning groups.

Mr. Biedermann has actively engaged with TCEQ, been in constant communication with our group, hired staff with expertise in water and air issues, and prioritized legislative solutions for issues related to TCEQ and incompatible land use.

A member of the County Affairs committee and the Governor’s working group on water policy, Representative Biedermann stated that “some form of local control could be appropriate for the fast-growing Hill Country” and is developing much-needed legislation to help level the playing field for citizens working to protect our families, property, and our state’s natural resources.

Stephanie Phillips highlights local control and problems with the aggregate industry on her campaign website, and supports increased regulation and more effective monitoring of quarry and aggregate operations—especially over the Edwards Aquifer recharge zone. She also advocates giving selected counties authority “to implement common sense land rules.” Ms. Phillips would likely be a very good friend to our cause.

But Representative Biedermann’s position on the County Affairs committee and seat on the Governor’s water policy group are notable—and his influence as a member of the likely majority party would be greater. The attention and diligence Kyle Biedermann has given to our efforts merit another two years in the Texas State House.

Candidate Questionnaire

Preserve Our Hill Country Environment sent a candidate questionnaire to both candidates in late August, then followed up with each candidate multiple times by email and phone. 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 by the October 15 deadline.

Question 1. Texas requirements for aggregate mining (rock quarries) are very minimal compared to other states. For example, unlike Colorado and Wyoming, Texas has no requirements relating to quarry blasting, water usage, ore and product transport, or site reclamation. While the State of Texas currently regulates these areas for coal and uranium miners, aggregate miners are not required to follow similar rules. Would you support legislation that standardizes these rules and requires aggregate miners to meet the same standards that coal and uranium miners currently meet?

Biedermann: YES. I support having the larger aggregate production operations having the same or very similar permit requirements as the current coal and uranium operations in Texas. I have been in discussions with the Railroad Commission to start this process.

Phillips: YES. I would absolutely support legislation that standardizes the rules for aggregate mining relating to water use, wastewater, blasting, transport, air quality, site reclamation, etc. Texas should require companies to meet the same standards that coal and uranium miners currently meet. I support legislation to grant authority to county governments to implement common sense land use rules and monitoring of aggregate plants at a local level. I would also work to protect and support our cultural and historic districts, our tourist areas, and our state parks and recreational areas. Just because the aggregate needed by industry exists within this district does not mean out of state corporations have an inalienable right to it that outweighs the property rights of local residents. People will not continue to want to relocate, vacation and retire here if the air is full of silica dust from rock crushers, the roads clogged with heavy trucks, and the landscape pitted with quarries. I envision a different future for our precious Hill Country and seek to protect and nurture our communities and foster the kind of local business and economic development that values our precious natural and cultural heritage.

Question 2. Aggregate companies own and are purchasing large tracts of agricultural and ranch land for quarry, cement, and asphalt operations, in many cases creating incompatible land uses, severely reducing the value of nearby homes and ranches, and threatening the health of surrounding residents. County governments have little authority when it comes to regulating incompatible land use in unincorporated areas. Would you support legislation to grant such authority to county governments to implement common sense land use rules and monitoring of aggregate plants at a local level, thereby fostering a reasonable and predictable approach to development that protects all property owners?

Biedermann: I support having a much more rigorous and expanded TCEQ planning, public notification, and permitting process. In fact, my Environmental Policy Expert, Larry Bailey and myself have the honor to serve on Governor Abbott’s water and TCEQ policy working group. We now have a seat at the table to have these important issues to Comal County heard at the highest level.

Phillips: YES. As the only local legislative candidate that lives in an unincorporated part of rural Comal county I have watched the growing presence of aggregate mining in the area with unease. The Texas Hill Country is known as a tourist destination and a number one location for Texans to retire. Part of the rugged beauty of the area comes from a unique geology including huge limestone deposits that make up the recharge zone of our Edwards aquifer (water source to around 1.5 million). Unfortunately, 80 percent of the limestone that is most desirable as aggregate is located in the area. Quarries that crush limestone into gravel, sand pits, concrete plants, and other industrial activity are rapidly expanding in the Hill Country. The increase in these industries will have a negative impact on our local air and water quality, property values and health but the current demand for construction aggregate makes this kind of development profitable despite near unanimous opposition by local residents. Aggregate companies own and are rapidly purchasing agricultural and ranch land for quarry, cement, and asphalt operations. Residents have discovered that their local county governments have little to no power to protect their property values, stop the destruction of the hills, caves, and springs or to prevent the pollution of our air and water. It is going to take new legislators (who aren’t funded by corporate and PAC donations) in the Texas House and Senate to push for local control over development in the Hill Country.

Question 3. The Texas Hill Country possesses 80 percent of all limestone quarried in Texas. The process for obtaining TCEQ air quality permits includes an option to grant these permits without giving citizens the opportunity to contest the permit application through the State Office of Administrative Hearing. Additionally, TCEQ has recently eliminated and shortened key public notification requirements for certain permits. What specifically will you do to fix the broken TCEQ permitting process and ensure that our natural resources such as air and water are adequately protected in the future?

Biedermann: Recommend through proposed legislation: a. that new air quality permit requirements be instituted, and b. that a state groundwater agency/organization approve the proposed use of groundwater/surface water for rock quarries.

Phillips: The contested case hearing process is an essential part of the air quality permitting process. In recent years TCEQ has eliminated and shortened key public notification requirements for some permits. This means that the public has less opportunity to be notified and less time to understand the issues and provide input on the potential effects to their health, communities, and environment. We should be strengthening the public involvement in the process rather than further diminishing public’s opportunity to participate. We live in the fastest growing area of the country and we must decide what we want the future to be like as this area develops. We do not have the power to stop growth and development in the area but citizens and businesses must be able to plan and to participate in the process going forward. We currently do not have much ability at all to protect our natural resources, such as air and water, in the future. Political power is vested in and derived from the people, and the people have an inherent and inalienable right to local self-government. This should include the power to enact local laws protecting health, safety, and welfare. I would begin by revisiting the legislation proposed in past efforts to secure local control for our Hill Country counties and then work to build a coalition with other legislators in the area to strengthen environmental protections in the Hill Country, esp in the Edwards Aquifer Recharge Zone.

Question 4. Vulcan Construction Materials is a large, out-of-state quarry and cement plant operator. Westward Environmental provides consulting services to aggregate companies such as Vulcan. Texas Aggregates and Concrete Association (TACA) is a lobbying group representing Vulcan and other aggregate companies. Have you or your campaign ever received any monetary or in-kind contributions from Vulcan, Westward, or TACA?

Biedermann: YES. I have received a $500 donation from TACA, though I have not spoken with them since last session.

Phillips: NO, none. My grassroots campaign is only accepting donations from individual human people and from our local Democratic clubs. My donations are overwhelmingly from residents of HD73 and I will not be financially beholden to any corporate, industrial, or special interests. I have also not received any funding from Empower Texas, a top donor to many candidates for Texas House. Empower Texas is not a local PAC and they are largely funded by extractive industry (Oil, gas, fracking). I include this information because it concerns me that any Representative funded by Empower Texas would not have the freedom to pass legislation that offered options for local control to any community that wants to limit or regulate mining or drilling operations anywhere in Texas.

Scott Haag vs. Michael Zimmerman (2018)

Excerpt published in October 28 New Braunfels Herald-Zeitung (subscription required)

Comal County commissioners continue to fail to support Comal County citizens when it comes to problems created by quarries and other aggregate plants.

Despite hundreds of calls, emails, and letters from concerned constituents over the past year, Precinct 2 Commissioner Scott Haag has taken no meaningful action. During the public comment period earlier this year, Mr. Haag replied to numerous citizens: “I am against passing a resolution against the proposed Vulcan quarry” and “we’ve already sent individual letters [to TCEQ]; that should be enough.”

Even when presented with actionable tools such as making a contested case hearing request, quoted chapter and verse from Texas law granting relevant authority to the County, and shown that other counties, school districts, and cities have led the way, Mr. Haag refused to come to the aid of the constituents he represents—instead minimizing the hazards of the proposed 1500-acre Vulcan quarry by comparing it to “nuisance billboards on Highway 46.”

Furthermore, Mr. Haag recently stated he opposes any preservation of natural areas and watersheds funded by the County and opposes even a limited increase in county authority to protect citizens and our property.

On the other hand, write-in candidate Michael Zimmerman recognizes the dangers that insufficiently regulated quarries and concrete plants pose to our health. He advocates the need for some common-sense local authority when it comes to protecting our water, air, and other natural resources. Mr. Zimmerman has three decades of senior management experience with the U.S. Air Force, including in areas of finance, budgeting, and contracting. Importantly, a primary theme of his campaign has been listening to “we the people,” especially those living in unincorporated areas of Comal County.

The differences between these two candidates are significant. Incumbent Scott Haag should be replaced by someone who is solution-driven, willing to think outside the box, and responsive to the citizens of Precinct 2. Michael Zimmerman would bring a much-needed breath of fresh air to Commissioners Court and has our full support.

Michael Zimmerman is a write-in candidate whose name is not shown on the initial ballot screen. Here’s how to vote for Michael Zimmerman: Under the County Commissioner, Precinct 2 race, select Write-In. Then use the wheel to “type” in his name: Michael Zimmerman. (For convenience, a paper list of all write-in candidates should be attached to the inside of your voting booth.) Make sure your ballot summary screen is correct. Don’t hesitate to ask an election official for assistance if you need help while voting.

Candidate Questionnaire

Preserve Our Hill Country Environment sent a candidate questionnaire to both candidates in late August, then followed up with each candidate multiple times by email and phone. 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 by the October 15 deadline.

Question 1. Applicants for TCEQ air quality permits often face opposition from a community when the proposed facility, such as a rock crusher/quarry or cement plant, will significantly impact area residents. In such cases, Texas law allows counties to directly request a contested case hearing and participate with the county itself as an “affected person” (Texas Administrative Code, Title 30, Subchapter F). Texas counties such as Kendall, Kerr, and Burnet, have supported their citizens by requesting contested case hearings. Did you (for challengers, would you) directly request a contested case hearing on TCEQ permit application number 147392L001 (Vulcan Construction Materials) with Comal County as an affected person?

Haag: No response received.

Zimmerman: YES. This proposed quarry poses a very real threat to the entire area. Air, human health, and the environment will be affected if this quarry goes operational. Water is the MOST threatening of all. This quarry will sit directly over the Edwards and Trinity aquifer systems. The substructure is full of caves. Once the blasting begins, it’s then a matter of when, not if, the sub-structure collapses and endangers all of our water supply.

Question 2. Texas counties have a number of tools available when it comes to protecting the health and safety of their citizens against the well-documented risks of increased particulate matter air pollution from quarries. In addition to contested case hearings, some of these tools include the ability to issue a county-wide moratorium, form a commission to require TCEQ coordination with local authorities, and create a comprehensive county development plan. Which of these tools have you used (for challengers, would you use) to support your constituents who oppose the proposed Vulcan Materials quarry in Comal County? (Selection options: Moratorium, Commission, Development Plan, Other.)

Haag: No response received.

Zimmerman: MORATORIUM, COMMISSION, DEVELOPMENT PLAN, OTHER. These are tools available TODAY for our elected officials to employ, but they choose to dig in their heels, and won’t. Implementation of the 1st three items is tantamount of initially introducing local control.   The other is enjoining other counties to implement a mutli-county commission, as prescribe by state law, to enforce and protect our health, resources and the environment.

Question 3. Westward Environmental provides consulting services to aggregate companies such as Vulcan. Texas Aggregates and Concrete Association (TACA) is a lobbying group representing Vulcan Construction Materials and other aggregate companies. Did you communicate with or have contact with any representatives of Vulcan, Westward, TACA, or their subsidiaries prior to public notice of permit application number 147392L001 in July 2017?

Haag: No response received.

Zimmerman: NO. Never heard of Westward prior to the notice of the proposed quarry, and absolutely had no reason to contact any of the others.

Question 4. Comal County is experiencing rapid growth, much of which is occurring in unincorporated areas. County commissioners have claimed they have insufficient authority when it comes to regulating incompatible land use or protecting citizens against threats to their health and property. What specific actions have you taken (for challengers, would you take) to rectify this lack of authority and foster a reasonable and predictable approach to development that protects all property owners?

Haag: No response received.

Zimmerman: Today, we do have the power to begin the process locally and that is with the formation of a 391 Commission. 391 refers to the chapter in the Local Government Code which allows the formation of a commission to improve the health, safety, and general welfare of their residents, and, plan for the future development of communities, areas, and regions, etc. There has to be a county development plan which will proactively assist with growth and, at the same time, balance the use of water and other resources.

Jen Crownover vs. Dorothy Carroll (2018)

In March, Precinct 4 Commissioner Jen Crownover stated that the county commissioners “don’t have any tools in the toolbox” to help citizens opposing the Vulcan quarry, and she promised support should they find the tools. However, when presented with tools like the contested case hearing request and numerous examples of other counties that have successfully utilized hearing requests and moratoriums, Ms. Crownover and the other Comal County commissioners still failed to take any meaningful action to support their constituents.

Ms. Crownover seems to agree with some of our positions when it comes to local control and county-funded preservation of creeks and watersheds, but to our knowledge has initiated no formal action during her tenure as commissioner toward either of these efforts. In response to a proposed concrete plant in Spring Branch, she submitted a well-written public comment citing many of the problems with TCEQ. But following this meeting, pleas to her office asking for support were met with silence.

Dorothy Carroll supports local authority to place limitations on quarries and aggregate plants and is focused on increasing government transparency at the county level.

We have no recommendation in this race.

Candidate Questionnaire

Preserve Our Hill Country Environment sent a candidate questionnaire to both candidates in late August, then followed up with each candidate multiple times by email and phone. 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 by the October 15 deadline.

Question 1. Applicants for TCEQ air quality permits often face opposition from a community when the proposed facility, such as a rock crusher/quarry or cement plant, will significantly impact area residents. In such cases, Texas law allows counties to directly request a contested case hearing and participate with the county itself as an “affected person” (Texas Administrative Code, Title 30, Subchapter F). Texas counties such as Kendall, Kerr, and Burnet, have supported their citizens by requesting contested case hearings. Did you (for challengers, would you) directly request a contested case hearing on TCEQ permit application number 147392L001 (Vulcan Construction Materials) with Comal County as an affected person?

Crownover: NO. Comal County did not file for a contested case hearing, because in this type of TCEQ permit, we are not permitted to, as such, under TCEQ rules and also by the Texas Administrative Code. We did, however, on behalf of our citizens and as a unified court, pass a resolution requesting TCEQ to review the Vulcan permit request with utmost scrutiny, and to monitor and enforce their rules as they are defined to the strictest interpretation possible, in order to protect our citizens and our very sensitive environment. We also researched the other counties mentioned here—and their permits/contested case hearing requests were either in other classifications, or not permitted (and as a result–not granted) by TCEQ. In our research, we found that Comal County was not eligible, under the Texas Administrative Code, to directly request the contested case hearing. Under this code, it is plainly stated, an interest common to members of the general public does not qualify as a personal justiciable interest. Therefore, if we were to request the hearing, it would be rejected anyways.

Carroll: YES. I definitely would have voted to request a contested case hearing naming Comal County as an affected person/party, on TCEQ permit application number 147392L001 (Vulcan Construction Materials) had I been a commissioner at the time. In the event there exists a valid legal prohibition to a commissioner, acting independently in such an instance, as I have yet to research, I would have argued for, and voted for, the Commissioners Court to request a contested case hearing on TCEQ permit application number 147392L001 (Vulcan Construction Materials).

Question 2. Texas counties have a number of tools available when it comes to protecting the health and safety of their citizens against the well-documented risks of increased particulate matter air pollution from quarries. In addition to contested case hearings, some of these tools include the ability to issue a county-wide moratorium, form a commission to require TCEQ coordination with local authorities, and create a comprehensive county development plan. Which of these tools have you used (for challengers, would you use) to support your constituents who oppose the proposed Vulcan Materials quarry in Comal County? (Selection options: Moratorium, Commission, Development Plan, Other.)

Crownover: NONE OF THESE. These choices illustrate the biggest differences between counties and cities. County government is very basically set up as a local branch of state government, and can only do what the state legislature allows.  City government is created by and for the people—on top of the layer of the county, and have many more powers and authorities, because they are from the people up.  City governments have the abilities to do things like moratoriums, master development plans, commissions, etc, because they write their own rules (which are allowable, as long as they are not breaking those of the county, state, or federal levels). County government is more of a ‘mother, may I’ form of government, and our authorities come directly from laws passed in the legislature.  At this time, moratoriums and master plans are not allowable by statute.  Commissions can be created, but are largely suggestive in nature and have no real authority or enforcement abilities. So, legally, none of these are options for Comal County.  Land rights are some of the most sacred and dear freedoms that are enjoyed in the unincorporated areas of Texas counties. Many folks retreat to these areas to live because of the absence of regulation. In general, this creates harmony in our great state…until someone does not like what is happening on the other side of the fence line.

Carroll: MORATORIUM, COMMISSION, DEVELOPMENT PLAN, OTHER. Petition, until successful, the Texas State Legislature and Legislators to write, propose and pass legislation that gives Comal County government specific authority to limit and regulate or prohibit/ban incompatible county land use to ensure land use in the county is limited to uses that are environmentally sustainable and pose no threat or potential threat to the health and safety of current or future residents of the county. And, additionally, the authority to prohibit/ban any new, additional aggregate companies to begin operations in the county and, further, to prohibit/ban the expansion or relocation of any aggregate operations or quarries currently in operation in Comal County.

Question 3. Westward Environmental provides consulting services to aggregate companies such as Vulcan. Texas Aggregates and Concrete Association (TACA) is a lobbying group representing Vulcan Construction Materials and other aggregate companies. Did you communicate with or have contact with any representatives of Vulcan, Westward, TACA, or their subsidiaries prior to public notice of permit application number 147392L001 in July 2017?

Crownover: NO. Not to my knowledge.

Carroll: NO.

Question 4. Comal County is experiencing rapid growth, much of which is occurring in unincorporated areas. County commissioners have claimed they have insufficient authority when it comes to regulating incompatible land use or protecting citizens against threats to their health and property. What specific actions have you taken (for challengers, would you take) to rectify this lack of authority and foster a reasonable and predictable approach to development that protects all property owners?

Crownover: Since taking office in 2015, I have represented my precinct in an open and honest manner. When I do not know the answer to a question, I research it.  When I am not familiar with a topic, I explore it. When I don’t understand a matter, I ask questions, and if the answers do not make sense, I examine the reasons why. I never promise anything I cannot deliver on, and when I cannot legally do what is being asked by a citizen, I do my best to educate them as to why, and how things could (theoretically) be changed. Much of this is achieved through establishing and maintaining excellent rapport with our State Representative and Senator—especially with issues that the county cannot legally dictate. With each issue that arises, where there is a question of statutory authority, or a possible lack thereof when it may be needed. Let’s use fireworks as an example—there are very specific rules regarding when Counties can or cannot ban fireworks of different classifications. In our rapidly growing county, and as our subdivisions develop out, this is a topic that may need action from the legislature to give us added authority for the sake of the safety and welfare of our citizens and their property. I have been in contact with our state representative and senator about this topic, and many others, as they have come up over the years, for evaluation and action on our citizens’ behalf.

Carroll: Immediately issue a county-wide moratorium. Utilize the moratorium delay period to form a commission requiring TCEQ coordination with local authorities and creating a comprehensive development plan for Comal County. While, at the same time, petitioning the Texas State Legislature and Legislators, until successful, to write, propose and pass legislation that gives Comal County government specific authority to limit and regulate or prohibit/ban incompatible county land use to ensure land use in the county is limited to uses that are environmentally sustainable and pose no threat or potential threat to the health and safety of current or future residents of the county. Legislation that also includes the authority to prohibit/ban any new, additional aggregate companies to begin operations in the county and, further, to prohibit/ban the expansion or relocation of any aggregate operations or quarries currently in operation in Comal County. The health and longevity of the Edwards Aquifer must be protected; Comal County residents’ health (human, animal and plants) and the county economy is dependent on the health of the county’s overall environment.