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Any regulation by the City of Houston is superseded by state and federal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.