SLC C.S.H.B. 3372 75(R)BILL ANALYSIS LAND & RESOURCE MANAGEMENT C.S.H.B. 3372 By: Torres 4-22-97 Committee Report (Substituted) BACKGROUND The Industrial District located adjacent to the Houston Ship Channel extends 2500 feet on either side of the Channel. However, the site of what is currently Basis Petroleum is not included within this district, and is instead located in the City of Houston. The site was initially eligible to be included within the industrial district, but was not made part of the district. Any regulation by the City of Houston is superseded by state and federal rulemaking. For instance, Basis employs a highly trained and specialized emergency response team. Additionally, no other refinery on the ship channel must comply with the city's building permit requirements. This industrial site is hampered by additional regulations that are not required of other refineries. PURPOSE HB 3372 allows the governing body of an area previously annexed for general purposes to change the status of an area to limited purpose annexation status for inclusion within the industrial district. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Sec. 43.136, Local Government Code is amended by adding subsection (h) as follows: (h) States that if governing body determines that an area previously annexed for general purposes is, or ever was, eligible to be designated for limited purpose annexation under criteria set out in in this section, the governing body may, by ordinance, change the status of that area from general purpose annexed area to limited purpose annexed area governed by this section if: (1) the area previously annexed at any time was eligible to be included within the municipal boundaries under Subsection (b); (2) the owners of the area must petition the governing body for the change in status; (3) the governing body provides for inclusion of the affected area in an industrial district as provided in Subsection (g) or other applicable law. SECTION 2. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE CSHB 3372, which is a legislative council draft, changes language contained in SECTION 1 of the Act. CSHB 3372 adds the language in (1) that states "the area previously annexed at any time was able to be included within the municipal boundaries under subsection (b). CSHB 3372 strikes SECTION 3 of the original legislation and inserts the emergency clause in SECTION 2 of committee substitute.