BILL ANALYSIS



S.B. 1369
By: Wentworth (Krusee)
April 26, 1995
Committee Report (Unamended)


BACKGROUND

Certain municipalities having a charter provision allowing for
limited purpose annexation, which have annexed territory for a
limited purpose, use traffic as a basis on which to limit the
development of land that is within and adjacent to a road district
and also within a school district and county other than the school
district and county in which a majority of the territory of the
municipality is located.  Municipal regulation limits tax bases and
affects county and school district tax revenues.  The repayment of
the road district's bonds is totally dependent on revenue from
development.  No other municipality in Texas limits development
based on traffic in this way.

PURPOSE

As proposed, S.B. 1369 prohibits a municipality from regulating,
limiting, or delaying land development based on traffic within
certain areas in a county.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.

SECTION BY SECTION ANALYSIS

SECTION 1  Provides that this Act applies only to a home-rule
           municipality that has a charter provision allowing for
           limited-purpose annexation and has annexed territory for
           a limited purpose.

SECTION 2  Defines "affected area," "assessment road district,"
           "state highway."

SECTION 3  (a)  Prohibits a municipality from denying, limiting,
           delaying, or conditioning the use or development of
           land, any part of which is within an affected area,
           because of: (1) traffic or traffic operations that would
           result from the proposed use or development of the land;
           or (2) the effect that the proposed use or development
           of the land would have on traffic or traffic operations.

           (b)  Provides that an action to deny, limit, delay, or
           condition the use or development of land includes a
           decision or action by the governing body of the
           municipality or a commission, board, department, agency,
           office, or employee of the municipality related to
           zoning, subdivision, site planning, the construction or
           building permit process, or any other municipal process,
           approval, or permit.

           (c)  Provides that this Act does not prevent a
           municipality from exercising its authority to require
           the dedication of right-of-way.

SECTION 4  (a)  Prohibits a provision in any covenant or agreement
           relating to land in an affected area made before, on,
           or after the effective date of this Act that would have
           the effect of denying, limiting, delaying, or
           conditioning the use of development of the land because
           of its effect on traffic or traffic operations from
           being enforced by a municipality.


           (b)  Provides that this Act controls over any other law
           relating to municipal regulation of land use or
           development based on traffic.

SECTION 5  Emergency clause.

SUMMARY OF COMMITTEE ACTION

S.B. 1369 was considered by the committee in a public hearing on
April 25, 1995.

The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed, by a record vote of
6 ayes, 0 nays, 0 pnv, 3 absent.