Fairfield Lake developer calls Texas bill to save state park a ‘brazen’ abuse of power

A bill aimed at preserving Fairfield Lake State Park from development into a private gated community is one step closer to becoming law after passing out of the Texas House on Friday.

Hours after the bill’s passage, Dallas developer Shawn Todd of Todd Interests, who is in the process of purchasing the land from a private owner, described the legislation as “abusing governmental powers to unlawfully take water and property rights from a Texas landowner.”

Todd also called state officials hypocrites for saying they are “pro-business” and hinted at future litigation that “will cost taxpayers hundreds of millions of dollars in damages.”

The proposal by Rep. Angelia Orr, an Itasca Republican, would bar the Texas Commission on Environmental Quality from approving an application for new or modified water rights from Big Brown Creek or Fairfield Lake in the Trinity River basin of Freestone County, unless first approved by the Texas Parks and Wildlife Commission.

The water rights application also would have to allow for the preservation of water levels, water quality and public access and use of Fairfield Lake.

The measure, House Bill 4757, comes after the chair of the Texas Parks and Wildlife Commission, Arch “Beaver” Aplin III, told lawmakers during a committee hearing that the park’s incoming developer may be planning to sell the lake’s water.

“The intent of this legislation is to protect the park to be enjoyed by Texans for generations to come, just like it has been for almost 50 years,” Orr said Thursday on the House floor.

Orr added that, with the process described in the bill in place, she believes the lake and park can be preserved.

The bill passed Friday 131-8. It next heads to the Senate, where it must pass out of committee and off the floor before heading to Gov. Greg Abbott’s desk for approval.

The land that the park sits on is part of a 5,000-acre tract owned by power company Vistra Corp. The state leased the 1,800 acres for the public park since the 1970s.

Vistra is under contract to sell the property to Todd Interests, which has plans to turn the 50-year-old state park into “a luxury lake and golf enclave” and “legacy retreat,” according to marketing documents obtained by the Star-Telegram. The plan would include hundreds of high-dollar waterfront homes, a private golf course and hiking trails exclusively for residents.

Todd’s statement to the Star-Telegram on Friday said the state has had opportunities for four years to “lawfully purchase” the state park land when it was on the market. He called the bill a “direct attack on private property rights.”

“Taxpayers would have saved hundreds of millions of dollars if Texas Parks and Wildlife had acted responsibly,” the statement reads. “Today, the same Politicos who failed the State are now resorting to brazen and surreptitious actions to cover up their inactivity by abusing governmental powers to unlawfully take water and property rights from a Texas landowner.

“These same Politicos hypocritically proclaim they are pro-business and strong private property right advocates. These un-democratic actions should be alarming to any Texas landowner or voter. The proposed bill is a direct attack on private property rights and, if enacted, will cost taxpayers hundreds of millions of dollars in damages,” the statement says.

Orr had proposed in a separate bill using eminent domain to keep the park from being development, but that bill was amended in committee to focus on water rights, like the legislation passed on Friday.

“I understand that many of my colleagues have reservations about using eminent domain for this purpose, which is why it is not included in this substitute language,” Orr said at the March 23 hearing. “Like my colleagues, I too am a supporter of property rights, and I believe that the park can still be saved without that language included.”

While the state park is currently open for day visitors only, the lease will officially end in June.

The state Parks and Wildlife Department has attempted to negotiate a deal to purchase the park land or the full 5,000 acres.

The Texas Senate on Thursday passed two pieces of legislation that work together to establish a “Centennial Park Conservation Fund” to help create and improve state parks. The fund would have to be approved by voters on a ballot as a constitutional amendment.

Sen. Tan Parker, a Flower Mound Republican and the bills’ author, told colleagues the proposal would “empower us to protect Texas’ unique natural and cultural treasures while making them accessible to our growing population.”

The bills related to the fund, which both passed 26-3, next head to House committee.