HBA-MPM H.B. 1514 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1514
By: Junell
Business & Industry
67/10/2001
Enrolled



BACKGROUND 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.  House
Bill 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

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. 

ANALYSIS

House Bill 1514 amends the Business & Commerce Code to provide 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 specified distance was
not primarily used for residential purposes at the time the enterprise was
established.  This provision applies to an area that is located:  

_within a one-half mile radius of a commercial enterprise if the enterprise
is located in a municipality with a population of more than 100,000; or  

_within a one-mile radius of a commercial enterprise if the enterprise is
located in a municipality with a population of 100,000 or less or the
unincorporated area of a county. 

EFFECTIVE DATE

Vetoed.