Once again, Texas lawmakers will consider bills aimed at a single, specific company–Texas Central. Of course, the three bills introduced so far do not specifically mention Texas Central . The bills address high speed rail. But there is only one high speed rail line proposed in the state, and it has been proposed by Texas Central.
In the last legislative session, numerous bills were introduced with the intention of erecting obstacles to the construction of a high speed rail line between Houston and Dallas. The line is particularly controversial in rural areas where Texas Central has threatened to use eminent domain to obtain the land it needs to build the line.
Legislators responded with bills that would impose a variety of obligations on the company. It was an obvious attempt to make the line financially nonviable. The bills failed, but legislators have not given up.
Sadly, this is an unprincipled approach to the issue. And if legislative attempts to stop Texas Central via this approach are successful, it sets a dangerous precedent.
The controversy centers on Texas Central’s use of eminent domain. While the company’s “right” to use eminent domain has been challenged in court, legislators have failed to address this issue. The simple–i.e., principled–solution is to deny any private company the authority to use eminent domain.
But such a denial would impact other private companies, such as pipelines. And legislators are loathe to venture into that arena. So, they have taken aim at a politically popular enemy–Texas Central.
More significantly, if legislators can enact legislation aimed at a specific company, then no business in Texas is safe. If a particular business becomes politically unpopular, the precedent will have been established that legislators can and should stop it. That is how California legislates. Texas can and should do better.