SRC-AMY H.B. 2130 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 2130
78R9901 DRH-DBy: Kuempel (Wentworth)
Intergovernmental Relations
5/9/2003
Engrossed


DIGEST AND PURPOSE 

Current law allows landowners who have filed permit applications to
develop their property and complete their projects under the city
ordinances and other standards in place at the time the application was
filed.  The law makes several exceptions for items such as changes in the
health and safety or fire code that protect the public.  One such
exception allows cities to apply new ordinances retroactively that
"prevent the imminent destruction of property or injury to persons," like
a flood.  H.B. 2130 clarifies that an exempt regulation is one which is to
prevent imminent destruction of property or injury to persons from
flooding that is effective only within a flood plain established by a
federal flood control program and enacted to prevent the flooding of
buildings intended for public occupancy. H.B. 2130 also exempts from the
chapter regulations to prevent the imminent destruction of property or
injury to persons, if the regulations do not affect certain aspects of a
lot or project, or do not change development permitted by a restrictive
covenant required by a municipality. 

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 245.004, Local Government Code, to provide that
this chapter does not apply to regulations to prevent imminent destruction
of property or injury to persons from flooding that are effective only
within a flood plain established by a federal flood control program and
enacted to prevent the flooding of buildings intended for public
occupancy. Includes in the list of regulations that are exempt from this
chapter regulations to prevent the imminent destruction of property or
injury to persons if the regulations do not affect certain aspects of a
lot or project, or do not change development permitted by a restrictive
covenant required by a municipality.  Makes nonsubstantive changes. 

SECTION 2.  Effective date:  upon passage or September 1, 2003.