SRC-SEW H.B. 1514 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1514
By: Junell (Harris)
Business & Commerce
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Rapid population growth in Texas is causing residential and commercial
structures to exist within close proximity to one another. When commercial
and residential neighborhoods are developed around existing commercial
enterprises, some enterprises have been pressed for an alteration in mode
of operation or a complete cessation of operation, particularly if the
enterprise's mode of operation causes offensive odors or noises. H.B. 1514
provides that a commercial enterprise is not required to change its current
mode of operation if the area within certain distances of the enterprise
was not primarily used for residential purposes at the time the enterprise
was first established.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 35D, Business & Commerce Code, by adding Section
35.56, as follows: 

Sec. 35.56.  PERMITTED OPERATION OF ESTABLISHED COMMERCIAL ENTERPRISE. (a)
Provides that this section applies to certain areas.  

(b)  Provides that, if the mode of operation of a commercial enterprise
remains substantially unchanged, the enterprise is not required to change
its current mode of operation or change the use of its current mode of
operation for any publicly known planned expansion if the area within the
distance requirements prescribed by Subsection (a) was not primarily used
for residential purposes at the time the enterprise was originally
established. 

(c)  Provides that this section does not restrict, prevent, or preempt the
enforcement of any applicable city, county, state, or federal law by a
governmental entity of this state or of the United States. 
 
SECTION 2.  Provides that the change in law made by this Act applies to a
commercial enterprise regardless of the date on which the commercial
enterprise was established. 
 
SECTION 3.  Effective date: upon passage or September 1, 2001.