H.B. 1129 78(R)    BILL ANALYSIS


H.B. 1129
By: Farrar
Land & Resource Management
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

Since the City of Houston is not zoned, it has to rely heavily on deed
restrictions to stop the encroachment of noncompatible land uses and
inappropriate development.  Currently, the City of Houston's Legal
Department, Neighborhood Protection Division, can enforce three different
types of deed restrictions: residential use, setbacks and the lot size and
number of structures on a lot. Recently, when petitioning the city to
enforce deed restrictions, many citizens have been told that the deed
restrictions are too vague and ambiguous to be enforceable.  This bill
attempts to ameliorate this problem by more explicitly stating what types
of deed restrictions the city can enforce. 

H.B. 1129 pertains only to the City of Houston and is intended to help
ensure that communities can implement and enforce appropriate deed
restrictions to ensure that older and lower income residential areas have
the tools they need to help revitalize their communities. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

SECTION 1. Amends Section 212.132, Local Government Code, as follows:

Changes the definition of "restriction" from "limitation" to "land use
regulations" that: 
   
Affects the "character of the use" of real property, including
"residential and rental property." 

Regulates or restricts the type of activities that may take place on the
property, including commercial activities, keeping of animals, use of
fires, nuisance activities, vehicle storage, parking. 

Regulates architectural features of a structure, construction of fences,
landscaping, garbage disposal, or noise levels. 

Specifies the type of maintenance that must be performed on a lot or
structure, including a yard or fence. 

SECTION 2.Effective date.

EFFECTIVE DATE

September 1, 2003.