HBA-MPM C.S.H.B. 1514 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1514 By: Junell Business & Industry 4/2/2001 Committee Report (Substituted) 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. C.S.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 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 C.S.H.B. 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 On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 1514 differs from the original by providing that a commercial enterprise is not required to change its current mode of operation for a planned expansion if the mode of operation is substantially unchanged and the are near the expansion was not primarily used for residential purposes at the time the enterprise was established. The substitute also removes the provision in the original bill that required a seller of residential real property to give the purchaser a written notice disclosing the location of any commercial business located within one mile of the purchaser's property that would be considered by a reasonable person to cause an offense to the senses of a person living at the residential property, and that a failure to provide this notice could nullify an executory contract.