T1NC Letter: HB 2496 Update and How We Made a Difference

March 30, 2019

Dear T1NC Neighbors,

April 3, 2019 Update: The bill has made it out of Committee and will be scheduled by the Calendar Committee next. 

March 29, 2019 Update: There is a second version of HB 2496 that basically mirror’s San Antonio’s process. CoSA’s process is that in order for a case to pass HDRC and Zoning, it needs a majority vote (51%) and requires a supermajority vote (3/4) from City Council.  The revised HB 2496 bill requires a super majority vote by both commissions and CC. That isn’t as impactful for SA because HDRC and Zoning’s decisions are not quasi- judicial (they are recommendations only, unlike Board of Adjustment decisions that stand and do not go on to Council), but it is in other cities and would render them powerless against developers and could be devastating.  There is still an attempt to craft a third version of HB 2496 that would mirror San Antonio’s process exactly. Because it has enough committee members who have signed on, the bill will probably be put on the calendar for a vote. 

March 25, 2019 Update: Neighborhoods have been sending letters and it has made a difference, but last night, (Eastside neighborhoods’) Representative Barbara Gervin-Hawkins (District 120) signed on as a co-author. Barbara.gervin-hawkins@house.texas.gov

March 22, 2019 Update:  HB2496 has been scheduled for Public Hearing for Tuesday, March 26th before the Culture, Recreation, and Tourism Committee.C We will need people to testify in opposition of the bill or at least register their opposition to it via one of the kiosks in the House.  Here’s how to testify.

I just wanted to give you a report back about HB 2496 which is the bill that would require a property owner’s permission to designate a property or district as historic. 

Your letters made a profound difference. I am new to things at the state level and I wasn’t sure about the impact other than what I was told, but letters from voters seem to carry as much weight as information from the experts. 

This bill is about making it easier for developers couched in property-rights rhetoric. After I testified, a developer got up and furiously denounced the Texas Preservation group and neighborhoods. Another person testifying for the bill was a pastor of an African – American church who was upset because he could not tear down a building that was in need of expensive repair to make way for a more modern, less-expensive building to better serve his congregants. He was angry that others could dictate to him what he could do with his church, especially boards that were dominated by what he perceived as outsiders. What he did not mention was that his church was built by John Saunders Chase, described by UT as an architect whose “persistence and courage, as well as the forces of history, made him the first African American to attend graduate school at The University of Texas at Austin and the first licensed black architect in the South.” As you can see this is complicated issue. 

The night before I went to Austin to testify, D120 (Eastside) Representative Barbara Gervin-Hawkins signed on to the bill, giving it a big push forward. I asked Eastside leaders to contact her and they did. It was impressive how fast they were able to get those letters out in a matter of hours. Because of those letters, Jordan Ghawi (who is chair of state legislative issues for T1) and I were able to get a meeting with her after the hearings. She generously gave us almost 45 minutes which was impressive considering she was preparing for the House Budget bill the next which was going to be a 12-hour debate. It was her constituents reaching out that got us that meeting. 

I made the point that in inner-city neighborhoods, historic designation is our most important and only tool to preserve our history, culture, homes, and neighborhoods. It is a tool to prevent displacement. She said she hadn’t realized that the bill had an “unintended” consequence. The letter that the Esperanza Peace and Justice Center and the Westside Preservation Alliance sent help to make this case. 

The Representative said her motivation is that African-American pastors were complaining that they were not able to serve their congregants because they had broken down churches they could not maintain. They wanted to tear them down and rebuild and they were unable to do so, and were frustrated, as evidenced by the Austin pastor who testified. Jordan is going to set up a meeting with those pastors, at least in San Antonio, with Office of Historic Preservation to see if they can get some help.

This is where we are now: 
There is a second version of HB 2496 that basically mirrors San Antonio’s process. CoSA’s process is that in order for a case to pass HDRC and Zoning, it needs a majority vote (51%) and requires a supermajority vote (3/4) from City Council. The revised HB 2496 bill requires a super majority vote by both commissions and CC. That isn’t as impactful for SA because HDRC and Zoning’s decisions are not quasi- judicial (they are recommendations only, unlike Board of Adjustment decisions that stand and do not go on to Council), but they are in other cities and would render them powerless against developers and could be devastating.) There is still an attempt to craft a third version of HB 2496 that would mirror San Antonio’s process exactly. This is the version we could support wholeheartedly. This would be a favorable compromise. Because it has enough committee members who have signed on, more than likely be voted favorable out of committee. 

What I learned is that writing letters (often at the last moment, as things change) and showing up to testify on bills that affect our neighborhoods is extremely important. For upcoming legislation, I would be happy to accompany T1 members to the Capitol and we can navigate the system together. Jordan Ghawi, who sits on the Beacon Hill ANA, has been invaluable keeping us informed and walking me through the system. We can also count on our representatives’ staff to help us as well, at least that is the message that we were given by Representative Diego Bernal and by State Senator Menendez. We are not alone.