HBA-NLM H.B. 2843 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2843
By: Brimer
Urban Affairs
3/21/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, an independent school district may be located within the
corporate boundaries of two municipalities.  The portion located within the
boundaries of one municipality is subject to the zoning restrictions of
that municipality, which may affect the remaining majority of the district
located in the other municipality.  H.B. 2843  provides that the governing
body of a municipality must include a proportionate number of members on a
zoning commission for property within its corporate boundaries which is
subject to ordinances of another municipality. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle B, Title 2, Local Government Code, by adding
Chapter 40, as follows: 

CHAPTER 40.  MISCELLANEOUS PROVISIONS APPLYING TO 
MORE THAN ONE FORM OF MUNICIPAL GOVERNMENT

Sec. 40.001.  REPRESENTATION OF CERTAIN AREAS ON GOVERNING BODY OF CERTAIN
MUNICIPALITIES. Applies this section to only certain municipalities.
Provides that the governing body of the municipality must include a
proportionate number of members, which must be at least one member, who
reside in the territory described by this section. Specifies what
constitutes a proportionate number of members. Requires the municipality to
prescribe procedures  to implement this section. 

SECTION 2.  Amends Subchapter A, Chapter 211, Local Government Code, by
adding Section 211.0071, as follows: 

Sec. 211.0071.  REPRESENTATION OF CERTAIN AREAS ON CERTAIN MUNICIPAL ZONING
COMMISSIONS.  Applies this section to only certain municipalities.
Requires the governing body of a municipality to appoint to the municipal
zoning commission a proportionate number of members, which must be at least
one member, who reside in the territory described by this section.
Specifies what constitutes a proportionate number of members. Requires the
municipality to prescribe procedures  to implement this section. 

SECTION 3.  Requires a municipality to comply with Section 40.001, Local
Government Code, as added by this Act, not later than the date of the first
municipal election that is held on or after March 1, 2000, in which any
members of the governing body are elected.  Requires a municipality to
comply with Section 211.0071, as added by this Act, not later than January
1, 2000. 

SECTION 4.  Emergency clause.
  Effective date: 90 days after adjournment.