SRC-SEW H.B. 2683 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2683
77R7649 MXM-DBy: Allen (Madla)
Intergovernmental Relations
5/10/2001
Engrossed


DIGEST AND PURPOSE 

Many municipalities have actively promoted the development of public
improvement projects for the purpose of funding maintenance and improvement
of neighborhood amenities and rights-of-way. Although public improvement
projects (PIDs) are authorized to maintain and improve common areas, PIDs
are not currently authorized to enforce deed restrictions and maintain
architectural control. These functions are usually performed by a property
owners' association. However, these functions are not always addressed if
the association has no mandatory membership requirements.  H.B. 2683
authorizes public improvement projects to enforce deed restrictions and to
perform architectural control in accordance with declarations properly
recorded in county deed records.  

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 Section 372.003(b), Local Government Code, to authorize a
public improvement project to include enforcement of a deed restriction, as
that term is defined by Section 27.034(h), Government Code, relating to
property in the district, including the initiation, defense, or
intervention in litigation or an administrative proceeding to enjoin or
abate the violation of a deed restriction; and approval or denial of
applications for proposed original construction or modification of a
building, structure, or improvement located in the district according to
applicable guidelines adopted by a property owners' association under
Section 204.010, Property Code, and recorded in the real property records
of the county in which the property is located. 
 
SECTION 2. Effective date:  upon passage or September 1, 2001.