HBA-MSH H.B. 2580 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2580
By: Bosse
Civil Practices
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

Many Texas cities rely on zoning to plan and control land use, while
others, such as the city of Houston, rely on recorded covenants or deed
restrictions.  Zoning is listed in the Texas Tort Claims Act as a
governmental function, while deed restriction enforcement is not mentioned.
A recent appellate court case, Oldfield v. City of Houston, held that the
enforcement of deed restrictions is a proprietary rather than a
governmental function, hindering the ability of a city to enforce such
restrictions.  The decision has resulted in a number of difficulties for
the city of Houston regarding deed restriction violations and their
enforcement. House Bill 2580 adds the enforcement of deed restrictions and
actions filed by a municipality to enforce them to the list of the
governmental functions of a 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. 

ANALYSIS

House Bill 2580 amends the Civil Practice and Remedies Code to add the
enforcement of land use restrictions contained in plats and other
instruments to provisions relating to the liability of a municipality for
damages arising from its governmental functions.  

The bill amends the Local Government Code to provide that an action filed
by a municipality to enforce a land use restriction contained in a plats
and other instrument is a governmental function of the municipality. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.