C.S.H.B. 2130 78(R)    BILL ANALYSIS


C.S.H.B. 2130
By: Kuempel
Land & Resource Management
Committee Report (Substituted)



BACKGROUND 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.  This law gives property owners certainty in the process.  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.  Although
most cities and authorities have operated in good faith, a few are
attempting to take advantage of this language to allow the retroactive
application of ordinances to permits already filed in circumstances that
could not reasonably be considered "imminent" dangers as contemplated by
the law in place and the history.  

C.S.H.B. 2130 will eliminate the possibility of misapplication of the law
by making the circumstances it was meant to apply to clear. 

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 245.004, Chapter 245, Local Government Code, as
follows: 

Explicitly state that the exemption to the freeze in permitting status is
meant to apply to the imminent destruction of property or injury to a
person caused by flooding. 

Allows municipalities and other regulating authorities to apply new
regulations to prevent the imminent destruction of property or injury to
persons that do not affect the basic premises of a project such as lot and
building size or that would not change the development permitted by a
restrictive covenant of the municipality. 

SECTION 2.Effective date.

EFFECTIVE DATE

September 1, 2003 unless the Act receives the vote necessary for immediate
effect. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

SECTION 1.Adds a new section to allow municipalities and other regulating
authorities to apply new regulations to prevent the imminent destruction
of property or injury to persons that do not affect the basic premises of
a project such as lot and building size or that would not change the
development permitted by a restrictive covenant of the municipality.