By Michael Wayne Martin
Former Texas State Representative
October 12, 2002
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There have been many movies made about the Alamo and how big names like Davy Crockett and Jim Bowie died there with a lot of Texas Rebels. My kids even get a big dose of the events of the Alamo in their Texas history books. What seems to always be missing from the movies and the history books is why the early settlers wanted independence from Santa Ana's rule. Oh yes, they mention settlers wanted freedom from his tyranny, but stop short of explaining just what Santa Anna was doing to them. In brief, it all started when Stephen F. Austin made a deal with Santa Ana to bring families down to settle the wild open territory. Santa Ana knew Texas was a gold mine of resources that simply needed resourceful people to make it productive. He was very generous in handing out huge plots of land to those settlers he felt would make the most of it. All he asked in return was that they help defend the northern boarders of Mexico against the Indians. Part of the deal included the selling of their goods to him first before considering other markets. Later down the line Santa Ana found that the settlers were not being diverse enough in the goods they produced. Too many were producing cotton when Mexico needed more beef, corn, and wheat. So, the inevitable happened. Santa Ana began telling individuals what they had to do with their properties. Mr. Smith was to raise beef; Mr. Johnson was to grow corn, and Mr. Jones was to produce wheat. The settlers did not like the idea of being told what they had to do with their own property. The rest is what we see in the movies and read in the history books. When our founding fathers set up the Texas Constitution, they did so with the idea that, "the least government is the best government". The first thing they did was insure that the legislature met once every other year. And even then it was to convene for no longer than 6 months. When I served in the 67th Texas Legislature, the majority of my colleagues still shared the attitude of our founders. Whenever someone introduced a bill that forced a man to ask permission to do something with his property, it seldom saw the light of day from its referred committee. The thought of a farmer having to get a permit from the county to build a barn would never have been considered. I remember many meetings with county commissioners asking me to vote for bills giving them more authority over property owners in their jurisdictions. I never did. Something has happened within the last 15 years in the Texas Legislature that would make those who died at the Alamo turn in their graves. Every year they meet, more property rights are lost. Under the disguise of, "Controlled Growth", there is now practically nothing a man can do to his property without first asking permission from the state, county, or city. A sizable permit fee usually goes with the request. County commissioners now have dictatorial authority over what you can do with your farm or any property in their jurisdiction. A man just told me yesterday of the hassle he was put through trying to get an electrical permit to wire up his barn. In Texas, our Constitution has a provision that allows a man to do any work he wishes to his own property. That has been amended to require municipalities to grant him any permit he wishes rather than making him hire a professional. This man was denied his permit because he owned other properties. Though the law does not specify he can do work on only one property, the City of Austin made an ordinance saying the law applied only to his legal homestead. There is no way this man can afford to take the city to court over their interpretation of the law. Remember the Alamo! In their infinite wisdom, the last Texas Legislature passed a law that forces the owner of a mobile home to get permission from the county before he is allowed to move it. There was already a law on the books where he had to get a road permit. To get the permit, the county must first make sure there are no taxes due on the property where the home is located or where it is going. If all is well, a sizable permit fee is required before you get the paper. The problem these legislative idiots did not foresee is what happens if the mobile home is on leased property such as a mobile home park? If the owner of the leased property has not paid his taxes, you cannot move your home off it until he does. Whom does this law penalize the most? The low-income worker who lives in a mobile home park because he can't afford better. Remember the Alamo! Under the leadership of then Governor George W. Bush, the Texas Legislature gave unforgivable power to Home Owner Associations. As a result of that power, people have lost their properties because membership fees had not been paid to these associations. Again, the Texas Constitution forbids anyone from taking your homestead; however, the Legislature circumvented the sacrifices of our founding fathers by exempting Home Owner Associations from the Law of the Land. Thanks to our elected representatives, on top of getting permission from the government, you now have to ask your neighbors before you do something with your property. Remember the Alamo! Over the past 15 years, Texas has seen many changes regarding deed restrictions. Keep in mind; deed restrictions were invented by Americans to protect property value. No other country in the world has anything like it. The thought of purchasing a property that has built in rules as to what you can do with it is unbelievable on its surface. Deed restrictions are nothing more than making it impossible for low-income people to live where they want. The Texas Legislature has now made it possible where county government can enforce deed restrictions. Now your neighbor doesn't have to sue you for using the wrong color of paint on your garage or planting Buffalo grass rather than Bermuda. Remember the Alamo! The list of property rights losses goes on and on. Our Texas forefathers went to war with Santa Ana simply because they didn't like having to ask permission to use their property as they saw fit. After extreme sacrifices, those early settlers produced the Texas Constitution that is based around the principle; "A man shall have the right to enjoy his property without infringement by anyone". Try to do anything to your home in Texas these days without first getting permission. Remember the Alamo! |