HBA-BSM C.S.H.B. 3479 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3479
By: Eiland
Land & Resource Management
4/16/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Many subdivisions along the Texas coast were created in an earlier era.
Some of these subdivision restrictions are now in need of updating to
include provisions for maintenance fees and for assessments for shore
protection, including in the event of storm damage.  Currently, there are
instances where a single subdivided community is actually made up of
separate sections, each of which is technically a separate subdivision.
C.S.H.B. 3479 authorizes residents in counties with a population of 2.8
million or more, or a county with a population of 250,000 or more that is
adjacent to a county with a population of 2.4 million or more to amend the
restrictions on residential real estate subdivisions.  

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. 3479 amends the Property Code to set forth that provisions
relating to the powers of a property owners' association relating to
restrictive covenants in certain subdivisions apply only to a residential
real estate subdivision that is located in whole or part in a county with a
population of 2.8 million or more, or a county with a population of 250,000
or more that is adjacent to a county having a population of 2.4 million or
more.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3479 modifies the original bill by increasing the county
population requirements from a population of 200,000 or more to a county
with a population of 2.8 million or more, or a county with a population of
250,000 or more that is adjacent to a county having a population of 2.4
million or more.  The substitute changes the effective date of the bill to
September 1, 2001, rather than on passage.