BILL ANALYSIS


                                                    C.S.S.B. 1369
                                                    By: Wentworth
                                                    State Affairs
                                                         04-11-95
                                   Committee Report (Substituted)
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
affect 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, C.S.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 traffic or traffic
operations that would result from the proposed use or development
of the land; or 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.
           Effective date:  90 days after adjournment.